bg_image

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.

image

For Professional Information and Dedicated Help!

Get In Touch

0208 124 3222

image

What Are The 5 Possible Outcomes Of A Disciplinary Hearing?

In the UK, a disciplinary hearing is a formal process that is used to investigate allegations of misconduct or poor performance in the workplace. The possible outcomes of a disciplinary hearing can vary depending on the nature and severity of the allegations, as well as the specific procedures and policies of the employer. However, here are five possible outcomes that may result from a disciplinary hearing: No action taken: If the allegations are found to be unfounded or insufficiently supported by evidence, the disciplinary hearing may result in no action being taken against the employee. Verbal warning: A verbal warning is the least severe disciplinary action that can be taken against an employee. It involves a formal warning being given to the employee, along with an explanation of the concerns and expectations for future behavior. Written warning: A written warning is a more formal disciplinary action that is typically taken when the employee has previously received a verbal warning, or when the misconduct or poor performance is more serious in nature. A written warning will be placed on the employee's personnel file, and may be taken into account in future disciplinary proceedings. Suspension without pay: In more serious cases, the employer may decide to suspend the employee without pay for a period of time, pending further investigation or disciplinary action. Termination of employment: The most severe disciplinary action that can be taken against an employee is termination of employment. This may be appropriate in cases of serious misconduct, repeated poor performance, or other serious breaches of workplace policies or procedures.

Should I Apply For A New EEA Family Permit?

Once in the UK, you must apply for a Residence Card because it is not feasible to renew a family permit. A new Family Permit application can be submitted from abroad at any time.

Why Do UK Universities Reject Applications?

There are a variety of reasons why UK universities may reject applications. Some of the common reasons include: Academic qualifications: Universities often have specific academic requirements for admission, such as minimum grades or qualifications in certain subjects. If an applicant does not meet these requirements, their application may be rejected. Limited places: Many universities have a limited number of places available for each course, and competition for these places can be fierce. In some cases, an applicant may be rejected simply because there are no more spaces available. Personal statement and references: The personal statement and references are an important part of the application process, as they provide information about the applicant's motivation, skills and experience. If these are not well-written or do not provide a convincing argument for why the applicant is a good fit for the course, their application may be rejected. English language proficiency: For international students, universities may require proof of English language proficiency, such as through a language test like IELTS. If an applicant does not meet the required level of proficiency, their application may be rejected. Admissions interviews: Some universities may require applicants to attend an admissions interview. If an applicant does not perform well in the interview, their application may be rejected. It's important to note that the specific reasons for rejection can vary depending on the university and the course. Additionally, some universities may provide feedback to unsuccessful applicants, which can help them understand why their application was not successful and how they can improve their chances in the future.

What Expertise Do TMC Solicitors Offer In Company Formation And Structuring?

TMC Solicitors specializes in company formation and structuring, providing expert guidance on legal aspects such as choosing the right business structure, drafting necessary documents, and complying with relevant regulations.

Do TMC Solicitors Offer Services Related To International Intellectual Property Protection?

Yes, TMC Solicitors provides services related to international intellectual property protection. We assist clients in securing and enforcing their IP rights globally, navigating international treaties, and handling cross-border disputes.

Can I Appeal A University Rejection UK?

Yes, it is possible to appeal a university rejection in the UK. If you have received a rejection from a university, you should first carefully review the decision letter to determine the grounds on which your application was refused. This will help you determine if you have valid grounds for appeal. The grounds for appeal may include: Factual inaccuracies: If you believe that the university made an error in assessing your application or did not consider relevant information. Procedural irregularities: If you believe that the university did not follow its own admission procedures or did not provide adequate information about the application process. Mitigating circumstances: If you experienced significant extenuating circumstances that impacted your application, such as a serious illness or family emergency, and were not taken into account. Discrimination: If you believe that the university discriminated against you on the basis of a protected characteristic, such as your race, gender, religion, or disability. Once you have identified the grounds for your appeal, you should contact the university's admission office to request information about the appeal process. The university may have a formal appeals process that you will need to follow, which may involve submitting additional information or attending an appeal hearing. Finally, the appeal process can be lengthy and there is no guarantee that your appeal will be successful. Therefore, it may be helpful to seek advice from a legal professional with experience in education law who can guide you through the process and help you present your case effectively.

How Much Does It Cost To Hire A Corporate & Commercial Law Solicitor?

The cost of hiring a TMC solicitor depends on the specific needs you have and the solicitor you choose to work with. You can simply browse our website or get in touch with us to learn more about our fee spectrum.

Can You Appeal A Revoked License UK?

Yes, it is possible to appeal a revoked license in the UK. When a license is revoked, the individual is typically given written notice of the revocation, along with information on their right to appeal. The specific procedures for appealing a revoked license will depend on the type of license and the regulations governing that license. For example, if a driver's license has been revoked, the individual may be able to appeal the decision to a magistrates' court within a certain period of time (usually 21 days). The appeal will typically involve a hearing before a judge, who will review the evidence and make a decision on whether to uphold or overturn the revocation. If the license in question is a professional license (such as a medical license or a license to practice law), the appeal process may be more complex and involve a hearing before a regulatory body or professional association. It's important to note that the appeal process can be complex and time-consuming, and may require the assistance of legal professionals. Individuals who are considering appealing a revoked license should seek legal advice as soon as possible, and should ensure that they understand the specific procedures and deadlines involved in the appeal process.

What If A Dispute Arises From A Commercial Contract? How Can TMC Solicitors Assist In Resolving It?

TMC Solicitors is well-versed in dispute resolution strategies and can provide guidance in resolving commercial contract disputes. We put our expertise in commercial contract law to advocate for clients' interests, protect their rights, as well as achieve the best possible outcome in contract disputes. Our goal is to minimize disruption to business operations and preserve relationships while ensuring that our client's contractual rights are upheld.

Who Pays For Prisons In The UK?

Prisons in the UK are funded by the government, primarily through the Ministry of Justice (MOJ). The MOJ is responsible for the management of the prison system in England and Wales, and for setting the overall budget for prisons. The cost of running a prison can be significant and includes expenses such as staff salaries, food and utilities, maintenance and repairs, and healthcare and education services. The government allocates funding for each individual prison based on factors such as its size, location, and the needs of its population. In addition to government funding, some prisons in the UK also generate income through activities such as manufacturing, recycling, and providing services to other public sector organizations. For example, some prisons run call centers or provide laundry services to hospitals or other government facilities. Overall, the cost of running the UK's prison system is a significant expense for the government and is subject to ongoing scrutiny and debate around issues such as funding levels, staffing, and the effectiveness of the prison system in achieving its goals.