Derivative Right of Residence
Derivative Right of Residence is derived from case laws and has been adopted in UK Immigration regulations as a category under which applicants can lodge an application for leave to remain in the United Kingdom.
It is also important to note that these categories only grant you leave to remain but do not lead to indefinite leave to remain. The applicants are generally given leave to remain for 5 years or a period which the Home Office deems fit.
You may qualify for a derivative right of residence in one of the following categories:
- The primary carer of a British child citizen or adult dependent British citizen, in cases where the need for the primary carer to leave the UK would force that British citizen to leave the EEA ('Zambrano' cases)
- The primary carer of an EEA national child or children who is/are exercising free movement rights in the UK, as a self-sufficient person (having comprehensive medical cover), where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights ('Chen' cases)
- The child of an EEA national worker/former worker where that child is in education in the UK ('Ibrahim and Teixeira' cases)
- The primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK ('Ibrahim and Teixeira' cases)
- The dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them and they cannot move to another EEA country.
Do you need to apply for a Derivative Right of Residence?
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Why Choose Us?
- You pay a Fixed Fee
- You will receive advice from experienced caseworkers
- We provide our clients with unlimited meetings and support
- We provide our clients with unlimited phone calls
- We advise you on the procedure, requirements and merits of making an application for travel documentation
- We keep our clients updated with new rules and procedures, acting in their best interest
- We advise and represent our clients’ dependents to seek dependent visas in line with the visa of the main applicant
- We lodge appeals where necessary
- We advise you on the future applications for Indefinite Leave to Remain and British Citizenship for those who will complete required number of years in the UK
- We answer your queries even after your application has been submitted and approved on what you are required to next