Derivative Residence and EU Settled Status

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.

Primary Carer

 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.

 

 

 

 

Returning Residents

Once any person is granted indefinite leave to remain or enter they can stay in the UK for an indefinite time without any restrictions. However, you cannot spend more than 2 consecutive years outside of the UK. And if you are outside the UK for more than 2 consecutive years, you automatically lose your indefinite leave status.

Should this happen you will need to apply for entry clearance as a Returning Resident from outside the UK in accordance with paragraph 18 of the Immigration Rules.

Requirements for Returning Residents

If you have been outside the UK for less than 2 years, you will be readmitted to the UK with ILR status intact. But you also need to meet the following conditions to resume their residence in the UK as a returning resident:

  1. You had indefinite leave to enter or remain in the UK when you left the UK.
  2. You have not been outside the UK for more than 2 years; and
  3. You did not receive any sort of public funds to meet the cost of leaving the UK and
  4. Now, you are seeking admission in the UK for settlement.

But if you have been outside the UK for more than 2 consecutive years, you need to apply for returning resident visa to get admission to the UK. So, for a successful Returning Resident visa you must show what exceptional circumstances you had to leave and stay away from the UK for more than 2 years and if you fail to prove this you will not get a Returning Resident visa. Apart from this, you must also show strong reasons with strong ties to the UK and your intention to make the UK your permanent home. So, you must show the following pieces of evidence to prove this:

  1. You have strong family ties to the UK.
  2. You lived most of your life in the UK.
  3. What are your current circumstances and why you have lived away from the UK?

The exception to the rule

If you with the status of indefinite leave to remain or enter have lived outside the UK for over 2 years with your spouse, civil partner, unmarried partner or same-sex partner on an overseas posting, you will not lose your indefinite leave status provided your spouse or partner is one of the following:

  1. A member of HM Forces serving overseas or
  2. A permanent member of the Diplomatic Service.
  3. A UK-based British Council employee who works outside the UK.
  4. An employee of the Department for International Development (DFID).
  5. An employee of Home Office UK.

Documents required for returning resident vis

When you apply for Returning Resident visa you are required to provide the following documents:

  1. Your current passport or other valid travel identification document.
  2. Your previous passports.
  3. Documents proving the fact that you have strong ties to the UK, for example, you can show documents to prove that you have earned income, or rented or owned property, in the UK.

You may have to submit additional documents as well depending on your circumstances.

If you are looking to apply for a Returning Resident Visa contact Visa and Migration Ltd on +44(0)2034111261.