TMC Solicitors is a brand name of TMC Solicitors Ltd a private limited company registered in England & Wales – No 1055930 TMC Solicitors Ltd is authorised and regulated by Solicitors Regulation Authority – No 636580. Full details are available at Law Society Find my solicitor website, solicitors.lawsociety.org.uk. Our registered address is 4 Central Buildings Kingsway Manchester.
The non-EEA national may acquire leave under European law derivative rights principles if they can demonstrate that no one in the United Kingdom can care for the child. Therefore, the child would be unable to continue living in the United Kingdom if the non-EEA national were to leave the country.
There are also situations where a primary caretaker may acquire derivative rights when caring for an adult.
A derivative right of residence is obtained. Similarly to the standard EEA Residence Card for immediate family members, it is not required by law to possess a document confirming this right. It may be advantageous for people with derivative residence rights to apply for a derivative residence card to prove their rights. It may help to show them the following:
- residency rights in the United Kingdom
- permission to enter or re-enter the UK
- employment eligibility in the United Kingdom
- permission to rent in the UK
A derivative residence card grants you an indirect residence right dependent on another individual's right. You may apply for a derivative right of residence in the UK if you are the primary carer of an individual with the right to reside in the UK or if you are the child of the primary carer.
This card demonstrates your right to reside and work in the United Kingdom. You are eligible for this card if you reside in the United Kingdom and are the primary carer of an individual with the right to reside in the United Kingdom, the primary caregiver's child, or the child of a former EEA worker who is enrolled in school, college, or university in the United Kingdom.
If you are a resident of the United Kingdom, you do not need a derivative residence card, but it can be helpful for the following reasons:
- You can re-enter the United States without delay when returning from a trip abroad.
- You can use the card to demonstrate to employers that you have permission to work in the UK.
- You can prove to the appropriate authorities that you can reside in the United Kingdom.
If you wish to continue living in the UK, you and your family can apply for an EU settlement scheme. Being a primary carer means you are a carer or share the responsibility equally with another person, and you are their legal guardian or close relative. You cannot apply for this card outside the United Kingdom but can apply for an EEA family permit. The EEA derivative residence card is issued to non-EEA nationals on various grounds and indicates that their right to reside is derived from EU law.
Derivative Residence Card Requirements:
When Applying as a Primary Carer:
- Passport, adoption certificate, or birth certificate evidence of current immigration status
- Documentation demonstrating their dependencies on you, such as caregiving obligations and court orders
- Documents proving your residences in the UK, such as utility bills, bank statements, or lease agreements.
- Evidence that the self-sufficient children are citizens of the EEA, are autonomous financially and have full health insurance in the UK.
When Applying as a Child of EEA National
- A letter from your school, college, or university proves your education continues in the UK.
- For example, a letter from your school, university, or college and a tenancy agreement or utility bill from your parents proves that you received your education in the UK. In contrast, your EEA parent was a resident of the nation.
- Evidence, such as pay stubs or a letter from the parent's employer, demonstrating that your EEA parent was employed in the UK while you were there
- Biometric data of people who are not EEA citizens
Parents, legal guardians, or another adult who is the child's guardian must accompany children under 16. The responsible adult must be over 18 and be named on the application form if they are not the parent or legal guardian.
Who is eligible to apply for derivative rights of residence?
A person may be eligible for a derivative right of residence in four different circumstances. The requirements and documents will differ depending on the applicant's route.
- Zambrano Rights
You may easily qualify for a derivative right of residence if you are the caretaker of a British national child or adult. Zambrano rights apply in cases where a British national is forced to leave the EEA because the primary carer is required to leave the UK.
In 2019, a significant change was made to this route. If the option is available, applicants must now apply under UK Immigration Rules. For those applications, we strongly advise you to consult with one of our Immigration Lawyers.
- Chen Rights
Applications for a derivative residence card under the Chen decision are possible if the child is an EEA national. The primary carer of a child who is an EEA national self-sufficient person then submits an application, where requiring a non-EEA applicant to leave the UK would prevent the child from exercising their rights.
The main distinction between Chen and Zambrano's rights is that the "sponsor" under Chen can only be a child. Second, the child must be an EEA, self-sufficient national, not a British national.
- Ibrahim and Teixeira Rights
This subcategory of rights applies to primary carers of an EEA national child of an EEA national worker or former worker. The child must be enrolled in school in the United Kingdom. Requiring a primary carer to leave should also compel the child to discontinue their education in the United Kingdom.
- Dependent children under 18 of primary carers in the categories above
Dependent children under 18 of primary carers in the above categories may also be granted derivative residence rights. It applies when requiring a dependent child to leave the UK and forces a primary carer to leave the UK.
- Permanent Residence under Derivative Residence Card
Unlike other types of leave under European law, leave under derivative rights does not contribute to going for an EEA permanent residence, and migrants with such leave are not permitted to bring other dependents into the UK.
After five years, applying for permanent residency may be possible. Under the UK Immigration Rules, certain applicants may also be able to switch to the path leading to settlement. Derivative rights of residence holders may qualify for ILR on a 10-year basis after residing in the UK lawfully for ten years.
EEA Derivative Rights fees
A derivative rights residence card costs £65 per applicant, whereas a settled/pre-settled status application is currently free of charge.
Processing Times
Six months is the standard processing time for derivative rights applications. The Home Office decides most applications in 2-3 months.
Applying for EEA Derivative Residence Card
The application must be submitted using Form DRF1 and accompanied by appropriate supporting documentation based on the application route.
Our experienced team of London immigration lawyers has extensive experience with EEA applications. Contact us today to speak to us regarding your derivative residence card application. We can help with initial applications, extensions, switching, and appeals.
How can we help you?
At "TMC Solicitors", our specialist immigration solicitors provide the best legal services to assist applicants and their families in relocating and settling in the UK. We specialise in UK immigration for non-EEA citizens because we have experience and knowledge of EU regulations.
Whether you require expert advice on EEA regulations, an evaluation of your chances of qualifying for an EEA residency document, or assistance preparing an EEA residency application, our immigration solicitors can assist you. Our company offers the best services for applying for a permanent resident card. Our team is committed to providing EEA nationals and their families with dependable and superior immigration services. We are highly professional and friendly.
Why choose us?
At TMC Solicitors,
- We provide a realistic and practical legal approach along with the best legal advice
- We have several happy clients owing to our dedication and professionalism
- You can contact us 24x7 in case of any emergency, detention, or deportation
- We are a completely SRA-regulated law firm with a client base all over the UK and worldwide.
- We have a success rate of 98% due to the expertise of our fantastic staff
- We have bilingual staff to understand and discuss legal matters closely
Contact us for the best services in applying for the derivative residence card.
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