The UKBA has today issued the following press release in response to the recent landmark Court of Justice of the European Union decision of Case C-34/09 Ruiz Zambrano v Office national de l’emploi:
The Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in theUKand removing the carer from theUKwould mean the British citizen would have to leave the European Union. The UK Border Agency has been considering the effect of this judgement and whether any changes are required to our policy or the law as a result. Until now, we have not accepted applications we have received on this basis as there is currently no provision within the Immigration (European Economic Area) Regulations 2006 (the regulations) to issue documentation on this basis.
We will amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in theUKas a result of the Ruiz Zambrano judgement. However, in the meantime, we will issue a certificate of application to those who are able to show:
- evidence that the dependent national is a British citizen;
- evidence of the relationship between the applicant and the British citizen; and
- adequate evidence of dependency between the applicant and the British citizen.
This certificate will enable a person to work in theUK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy.
Employers can accept this certificate of application, in combination with a positive verification from our Employer Checking Service, as proof of right to work in the UKfor up to 12 months. This document combination comes under entry 5 of List B within the ‘Comprehensive guidance for employers on preventing illegal working’, and will provide an employer with a statutory excuse against payment of a civil penalty for up to 12 months.
Further information on the scope and processes referred to can be obtained from the Customer Contact Centre on 0845 010 5200.
Further information on the laws on preventing illegal working can be obtained from the Sponsorship and Employers’ Helpline on 0300 123 4699.
How to apply
Applicants wishing to apply to the UK Border Agency in accordance with the Ruiz Zambrano judgment may do so, free of charge, by completing an EEA2 application form and forwarding this to the address included on the form along with a covering letter explaining the reasons for the application.
It is not a requirement that an application form be completed for this purpose, although this may help reduce the need for further enquiries at a later date.
The Migration Advisory Committee (MAC) has today advised that the Shortage Occupation List be revised to restrict migrants from outside the EEA to a smaller proportion of occupations within the UK labour market. MAC recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees.
Professor David Metcalf CBE, Chairman, MAC, said:
Although the proportion of the labour market covered by our new recommended list is lower than before, our recommendation will have only a limited impact on migration volumes because overall migration through Tier 2 is limited. However, the list is more selective than before: it is targeted specifically on those job titles where there is currently a clear evidence of shortage.
We think it is vital that the government, employers and the training sector take concerted action to raise the skill levels of the UK workforce, especially in long-standing shortage occupation areas. This will reduce the UK’s reliance on migrant workers in the long term and provide real benefits for the economy as a whole.
A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians.
The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists.
The government had indicated that it will consider the MAC’s recommendations and respond in due course.
On 18 July the UKBA published its proposed criteria to become a Highly Trusted Sponsor under Tier 4 and invited comments. Today the UKBA has published its new guidance which covers:
- Highly Trusted Sponsorship, including the date by which Tier 4 sponsors who are not already highly trusted need to apply for HTS by; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not already highly trusted.
- educational oversight, confirming the previously announced detail of the new approach, including a reminder of the date by which applications should be made and to which oversight body; and information Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.
There will also be changes to Tier 4 sponsor ratings which in future will costs of 2 ratings only: ‘A’ rating and Highly Trusted.
The UK Border Agency has today issued the following policy statement:
With effect from 2 September 2011, all cases excluded from the protection of the Refugee Convention by virtue of Article 1F but who cannot be immediately removed from the UK due to Article 3 of the European Convention of Human Rights will be subject to a new, tighter, restricted leave policy.
Such cases should usually only be granted restricted discretionary leave to remain for a maximum of 6 months at a time, with some or all of the following restrictions:
- a condition restricting the person’s employment or occupation in theUK;
- a condition restricting where the person can reside;
- a condition requiring the person to report to an immigration officer or the Secretary of State at regular intervals; and
- a condition prohibiting the person studying at an education institution.
In addition, relevant information on all Article 1F cases will be referred by the UK Border Agency to the Independent Safeguarding Authority (ISA) to consider whether the individuals concerned should be barred from working/volunteering in ISA-regulated fields.
This policy applies to all relevant individuals, whether they are seeking leave or renewal of leave to remain, including cases in which a previous grant of leave to remain was for a period longer than 6 months.
The power to attach conditions to leave is provided by section 3(1)(c) of the Immigration Act 1971. A person who knowingly fails to observe a condition of their leave commits an offence by virtue of section 24 (1)(b)(ii) of the Immigration Act 1971. Where appropriate, this policy will be enforced by the prosecution of individuals who do not comply with the conditions of their leave.