Derivative Right of Residence

If you are the primary carer of someone who has the right to reside in the UK or the primary carer’s child, you may apply for derivative right of residence in the UK. Derivative right of residence - 1st Citizen Lawyers UKYou can also apply as the child of an EEA worker if you are in education in the UK.

You are a ‘primary carer’ if you are someone’s main carer being his family member or legal guardian. You will also qualify as a primary carer if you are a family member or legal guardian of the person you are caring for and share the responsibility of the care with another person.

You will need to be already living in the UK if you want to apply for a derivative residence card. If however you are outside the UK, you will need to apply for an EEA Family Permit.

As per the EEA regulations a residence card is not mandatory to live in the UK, but it can help you re-enter the UK with ease, if you go abroad; prove that you have a legal right to live in the UK; show employers that you have the right to work in the UK; evidence that you qualify for certain benefits and services in the UK; claim certain benefits in the UK; support a family member’s application to come and live with you in the UK; make it easier for you to open and maintain bank accounts; make it easier for you to get medical treatment; # make it easier for you to get a driving license; and make it easier for you to rent a house or room.

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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
Wish to Apply?
If you'd like to make an application for derivative rights of residence in the UK you must know that most applicants are refused even though they appear to meet the legal requirements. These refusals are attributable to the applicant's failure to provide evidence in the format required by the EEA regulations or them being legally illiterate failing to properly understand the rules governing grant of family permits.

The applicant, as a result, not not only loses the application but also complicates any future application that he may want to make. It is therefore critical that proper immigration advice and representation is sought before you submit your case to the Home Office to ensure you meet all applicable derivative rights of residence in the UK rules and policy guidelines increasing your prospects of success.
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