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 the UK and removing the carer from the UK would 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 the UK as 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 the UK 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 UK for 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.

An asylum seeker, living in Smethwick, who earned over £100,000 while working illegally, has been jailed for 11 months.

Betty Mugambi from Rwanda was jailed at Birmingham Crown Court on 30 August following an investigation by the UK Border Agency.

Mugambi, aged 32, of Sabell Road, Smethwick also pocketed over £16,000 in benefits by pretending to be a penniless asylum seeker.

The serial fraudster entered the UK in 2002 and claimed asylum. Her claim was refused and she was barred from employment.

She claimed to be destitute and received £10,199.16 in asylum support benefits from February 2003 until November 2003. This support was stopped when her asylum claim was refused.

After her asylum claim was turned down, Mugambi absconded and stayed in the country as an illegal immigrant. She used a false identity and false National Insurance number to gain illegal employment with Salts Healthcare, Richard Street, Aston, Birmingham. She worked for this company as a stores assistant and a team leader from June 2003 until November 2010 earning £96,258.54.

While working for Salts Healthcare, Mugambi was also employed as a care assistant by Leonard Cheshire Disability between April 2007 and October 2009. She used a false French passport and a false National Insurance number to obtain this employment where she earned £8,342.79.

In March 2010, whilst working for Salts Healthcare, Mugambi told the UK Border Agency that she was destitute and received a further £6,102.65 in asylum support. She could not be removed from the country at that point because she made further representations about her asylum claim which the UK Border Agency had to consider.

Mugambi was arrested by West Midlands Police in November 2010 after attempting to cash a cheque for £1,868.12 from HM Revenue and Customs. This was a tax rebate following her employment with Salts. She used a forged driving licence when trying to cash the cheque.

After her arrest we launched an investigation along with West Midlands Police.

On 27 April 2011 Mugambi was charged with 5 fraud and identity offences and on 2 August 2011 she pleaded guilty at Birmingham Crown Court to all 5 charges.

On 30 August 2011 she was sentenced at Birmingham Crown Court to:

• 8 months imprisonment for obtaining a pecuniary advantage by deception and obtaining property by deception
• 2 months imprisonment for two counts of fraud by false representation
• 1 month imprisonment for possession of false identity documents.

The judge ruled that Mugambi should serve half of the total sentence of 11 months in custody and half on licence.

Carol Mills, asylum fraud investigator, UK Border Agency, said:

'As this case shows, we will not hesitate to prosecute foreign nationals that break our laws stealing thousands of pounds from the public purse.

'We will track down, prosecute and seek to deport those who, like Ms Mugambi, abuse their right to be here.'

Anyone with possible information about immigration crime should contact Crimestoppers on 0800 555 111 where anonymity can be assured.