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EU National full time carer


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Rudy Maertens

i am a EU national married to a Brit. She is disabled and i am a full time carer. As the UK doesnt accept carers as working (even though carers are not classed as non-working either). At the moment i am not eligible for Permanent Residence and it doesnt seem like i'll be eligible for Settled Citizenship... Can anybody help me

 

Damien Hardy

Hi Rudy, apologies for the delay in responding.Firstly... anything I comment is not legal advice and is only my opinion and you should seek proper legal advice.

There are a lot of issues with people in similar scenarios to your own. EU law requires that generally you are either working or self-sufficient, if you are living from carers allowance or something like that then (i guess) you would not be considered self-sufficient. Unfortunately the rules often seem to be inflexible to many situations that people would consider reasonable justification for residency.

I'd suggest the best people for you to get in contract with, would be Britcits -  http://britcits.blogspot.co.uk  as they specialise in issues for british citizens using the EEA route to citizenship for their family members.

 

YingZhen Wong

I'm not sure if you still need this information, but according to the judgment of ECJ in the case of Ruiz Zambrano (C-34/09), member states are prevented
from refusing a third country national the right to reside and work in a host member state,
where:
• that person is the primary carer of an EU citizen who is residing in their member state of nationalityrefusing a right of residence to that primary carer would deprive the EU citizen of the substance of their European citizenship rights by forcing them to leave the European Economic Area (EEA). 

In practice this means that the primary carer of a British citizen who is residing in the UK has a right to reside under EU law if their removal from the UK means the British citizen would have to leave the EEA.

This right is derived from Article 20 of the Treaty on the Functioning of the European Union (TFEU) and not from Directive 2004/38/EC (the free movement Directive). On the 8 November 2012, amendments were made to the Immigration (European Economic Area) Regulations 2006 (‘the Regulations’) giving effect to the ECJ judgment in the case of Ruiz Zambrano.

*this might not be the most updated info

 

Rudy Maertens

YingZhen Wong thanks. 

I’ve been told by home office that after the U.K. leaves the EU, that the ECJ will have no ruling in the U.K. and therefore they can’t guarantee if I’ll be able to stay.

 

Natalie Wilkins

Rudy Maertens if you are married and your wife is eligible for disability living allowance/PIP you may be able to make an application for leave to remain under Appendix FM of the Immigration Rules: Section R-LTRP (see para E-LTRP para 3.3)
https://www.gov.uk/.../immigration-rules-appendix-fm...

 

Rudy Maertens

Natalie Wilkins thanks a lot for that.

 

Damien Hardy

YingZhen Wong, my understanding of Zambrano is that this only generates a "derived right of residence" as it comes directly from the treaty, as such whilst this does allow a right of residence it does not infer a permanent right of residence, but that's just my understanding I could be wrong.
I think as Natalie suggests, you would need to switch to applying for leave under the immigration rules, but that's much harder to achive than the flexible and generous EU law.

 

Eric De Opambuo

You can apply for the derivative residence card first

 

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