Derivative Rights of Residence

Who can apply for Derivative Residence card?

A person who does not qualify for a right of residence under the free movement directive may qualify for another right of residence under EU law. These are known as ‘derivative rights’ because they come from (are ‘derived’ from) EU law, not from the directive.

Eligibility for Derivative Residence card

To get a derivative residence card you must be one of the following:

  • The primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the EEA;
  • The primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those the free movement rights;
  • The child of an EEA national worker/former worker where that child is in education in the UK;
  • The primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK; or
  • The dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them.

Who is considered as Primary carer in Derivative Residence applications?

A ‘primary carer’ is when you act as someone’s main carer and have sole responsibility for the person, or you share the responsibility with someone else, and you are their direct relative or legal guardian. Direct relatives include:

  • parents
  • grandparents
  • spouses or civil partners
  • children (including adopted children but not step-children)
  • grandchild

If the application for Derivative Residence Card is approved

In all the above categories, the applicant needs to provide documentary evidences of the genuineness of relationship and of all the factors relevant to assess the circumstances of the application and /or the EEA /British Citizen child. Once approved, the derivative residence card is issued for a maximum of five years` time and entitles the holder full rights of working in the UK. The derivative residence card holders, however are not permitted to apply for permanent residence under the EEA regulations but may qualify for ILR under the immigration rules on the basis of having lived for 10 years legally and continuously residence in the UK as there are no restrictions on the number of applications made by the non –EEA national.

Prior legal residence in the UK is not a requirement of this application and as such any one residing in the UK is able to make an application to obtain derivative residence card, provided he /she can provide all the necessary documentary evidences to establish the relationship and other requirements of this application.

It is important to note that even a small mistake / omission may result in refusal or rejection of the derivative residence card application or dismissal of the appeal / judicial review claim, resulting in making it even more complex. It is therefore strongly advised to take professional representation and leave this matter in our capable hands.

How our Immigration Solicitors can help you in making an application for Derivative Residence Card?

Our team of UK Immigration Lawyers can expeditiously deal with the applications for Derivative Residence card. Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Derivative Residence Card application under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google. Our Immigration Lawyers shall discuss your application for Derivative Residence Card and advise you on the required documents and procedure.
  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated the Immigration Appeal matters.
  • It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

At Chauhan Solicitors, we offer our expertise of advising and representing our clients in making their applications for Derivative Residence Card.  We are just a phone call or an email away and are available at 0203 514 2536 or info@chauhansolicitors.com and once in contact, be assured that you are in safe hands.