Non-EEA national parents of British children can apply for a right of residence

The UK Border Agency has announced it will now accept applications for a right to reside in the UK from those who are the sole carers of dependent British nationals when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.

Applicants will be issued a certificate of application, which will enable them to work in the UK whilst the application is outstanding, if they are able to provide adequate evidence that they are responsible for the care and support of a British national.

The Immigration (European Economic Area) Regulations 2006 will be amended in due course to reflect the judgment of the European Court in Ruis Zambrano, where it held the children involved, being Belgian citizens, had fundamental rights as European citizens and that their parents, upon whom they were dependent, should be given rights of residence (with an accompanying right to work) in order to enable the children to stay in Belgium and exercise their European rights.

Zambrano represents a paradigm shift in European law from the previous position that an EEA national had to move to another member state in order to exercise any European rights.