Derivative Residence Card
A derivative residence card can also be classified as an indirect right of residence, where your stay is dependent on the existing right of another individual. Hence, if you are a 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.A derivative residence card helps prove you have the right to live and work in the UK.
You’re eligible for this card if you’re living in the UK and you’re the primary carer of someone who has the right to live in the UK or the primary carer’s child or the child of a former European Economic Area (EEA) worker and you’re at school, college or university in the UK.
You’re eligible for a derivative residence card if you’re the primary carer of someone who would have to leave the UK if you left.
The person you care for must be one of the following:
- a British child who’d have to leave theEEA if you left the UK
- a British dependent adult who’d have to leave theEEA if you left the UK
- a child from theEEA who’s financially independent with full health insurance (‘self-sufficient’)
Child of a primary carer
You can apply for a derivative residence card as the child of a primary carer if all of the following are true:
- your primary carer is eligible for a derivative residence card
- you’re under 18
Child of an EEA national who stops working or leaves the UK
If you’re the child of an EEA national who stops working in the UK or leaves the UK, you may be able to get a derivative residence card if all of the following are true:
- you’re in education in the UK
- yourEEA parent has worked in the UK when you’ve lived in the UK
- yourEEA parent has lived in the UK when you’ve been in education
- you can’t get a UK residence card or registration certificate
A primary carer (ie a person who is the main or only carer for somebody) and the person who is cared for may be able, under some circumstances, to acquire leave under European law under the principle of “derivative rights”. The carer must be a close relative or legal guardian of the person who is cared for.
The non-EEA national might be able to acquire leave under European law derivative rights principles if they could show that there would be nobody else in the UK to look after the child, and so the child would not be able to continue to live in the UK if the non-EEA national had to leave the UK. There are also circumstances where derivative rights can be acquired when a primary carer cares for an adult.
Unlike other kinds of leave under European law, leave under derivative rights does not contribute towards leave for permanent residence, and migrants with such leave are not able to bring other dependants into the UK.
Please get in touch with one of our expert immigration lawyers on 0330 058 3929 to discuss whether you qualify for a derivative residence card.