Derivative residence card allows one an indirect right of residence. In this scheme, your residence in the UK depends upon the existing right of another person in the UK. You are eligible for a derivative residence card if you are living in the UK and you happen to be one of the following:
- The primary carer of someone who has the right to reside in the UK
- The primary carer’s child
- The child of an EEA national who has stopped working in the UK or left the UK, and you are in pursuing your education at school, college or university in the UK
Those living outside the UK or living in the UK with permission for reasons other than those mentioned here, cannot apply for a derivative residence card.
You are a primary carer means that you are the main carer of a British child or adult, who would have to leave the UK if you left the UK, or you share the responsibility of the individual with someone in equal measures and you are also their direct relative or legal guardian. Direct relative includes parents, grandparents, spouses or civil partners, children (this includes adopted children but not step-children) and grandchildren. However if the other parent of the child is British or holding indefinite leave to remain then you cannot make an application for derivative rights of residence. You will have to make an application under the Immigration Rules.
There are 3 provisions under the derivative right which work in accordances to the case laws of –
- EEA Child – Case of Chen V. Home Secretary – Self Sufficiency needs to be proved for the child;
- EEA Child in Education – Case of Ibrahim Teixeira – EEA parents evidence of exercising treaty right will need to be proved for a child who is in education in the UK; and
- British Child – Case Of Zambrano – The applicant will need to establish that they are primary carer and the other parent is not around to care for the child.
Child of a primary carer
As the child of a primary carer, one can apply for a derivative residence card if the following conditions are true;
- The person is below 18 years of age
- The primary carer of the child is eligible for a derivative residence card
- If the person leaves the UK, the parent would also, have to leave the UK.
Benefits of Derivative residence card
Derivative residence card helps you re-enter the country in quick time when you return from abroad. You can also show it to relative authorities to prove that you are allowed to live in the UK and to your employer to prove that you have the right to work in the UK.
What you are not allowed to do
No matter how long you live in the UK with a derivative residence card, the time spent in the UK does not enable you to apply for permanent residence in the UK.
How long you can stay
There is no time limit for those with a derivative residence card. You can live in the UK as long as the child is under the age of 18 years you are a primary carer of the child living in the UK.
Applying for the EU settlement scheme
EU settlement scheme is open for many who wish to continue living in the UK even after the UK leaves the EU as a result of Brexit. So, like many, primary carer of a British, EU, EU or Swiss citizen and children of an EU, EEA or Swiss citizen who used to live and work in the UK earlier or the primary carer of child can also apply to the EU settlement scheme to continue living in the UK. After a successful application, you will be given either settled or pre-settled status. The status that you get will depend upon when you apply.
If you are looking to apply for a Derivative Residence and EU Settled Status contact Visa and Migration Ltd on +44(0)2034111261.