European law protects the rights and freedoms of workers and their families to move freely across the EU.
Until recently, certain categories of people still did not benefit from these provisions, such as sole carers. This would mean that a sole carer of a dependant British Citizen would not have automatic right to reside under European Law. Removing the carer from the UK would result in the dependant British citizen also having to leave the EU to join their carer.
The European Court of Justice ruled in the case of Ruiz Zambrano (C34/09) that sole carers do have a right to reside in the UK. The UK Border Agency will amend their guidance to comply with this in due course.
As a temporary measure, applicants will be given a certificate of application. This will be issued on the basis of demonstrating evidence that;
- the dependent is a British citizen
- there is relationship between the sole carer and the British citizen
- there is a clear dependency between the applicant and the British citizen
If approved, this document can be used as proof of the person’s right to work in the UK for up to 12 months.