Derivative Right of Residence
What is 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.
Derivative Right of Residence Eligibility Criteria
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.