Derivative Right of Residence

Cans & Can'ts
With your derivative rights of residence you will be entitled to live in the UK as long as the person you are caring for needs to live here, or be in education.

You cannot however qualify for permanent residence on the basis of the time spent in the UK with a derivative right of residence.  

1) Primary carer's from outside the UK
You can apply if you are from outside the EEA and the primary carer of:

♠ a British child who would have to leave the EEA if you left
♠ a financially independent EEA child with full health insurance in the UK, and who would have to leave the EEA if you left;
♠ a British dependent adult; or
♠ the child of an EEA worker who is in education and who would have to leave the EEA if you left. Please read further criteria ahead.
2) Children of EEA workers or former workers and currently in education
You can apply as the child of an EEA worker or former worker if:

♠ you are in education in the UK;
♠ you were in the UK when your EEA national parent was exercising his Treaty rights in the UK; and
♠ when your EEA national parent was in the UK you were in education here.

3) Children of primary carers
You can also apply as the child of a primary carer who has a derivative right of residence. However you must be below the age of 18 to be eligible.

4) EEA nationals
You can also apply if you’re an EEA national and:

♠ are the primary carer of a child in the UK; and
♠ are not working, studying or finacially independent
Supporting evidence
You will need to provide:

♠ a current passport or other valid travel identification
♠ 2 passport size colour photographs
♠ birth certificates or other documents to prove your relationship
♠ You’ll need to provide a certified translation of any documents that are not in English or Welsh
♠ any other documents depending on your circumstances. For instance:

You will need to provide proof of the current immigration status (passport, birth certificate or adoption certificate) of the person you're caring for or the child of. You will also need to prove that they are dependent on you (court orders or care responsibilities and they are living in the UK - rent agreements, utility bills or bank statements)

If applicable you will need to show that you are financially independent and have full health insurance in the UK and that you are in education in the UK (a letter from the school) and that you were in the UK when your EEA national parent was working in the UK and your EEA national parent was in the UK at a time when you were in education in the UK
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