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Keep Your Right to Stay in the UK - Even After an EEA Relationship Ends
If you care for a British or EEA child or dependent and your relationship with an EEA or British partner has ended, you may still have a right to stay in the UK under derivative rights of residence.
Our immigration solicitors help you apply under the correct legal category — whether Zambrano, Chen, Ibrahim, or Teixeira — so your application is prepared accurately and your family situation is properly assessed.
Call us now at 020 3384 4389 or start a free online assessment to understand your options and next steps.
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Confused About the Derivative Rights of Residence Rules? Let Us Guide You
No more confusion or wasted time. Tell us about your case, and we’ll provide an expert-backed, realistic plan to secure your UK visa.
A primary carer (a person who is the main or sole carer for another individual) and the person being cared for may, in certain circumstances, be able to obtain leave in the UK under European law based on derivative rights. Depending on the route, the primary carer must usually be the child’s or dependent’s legal guardian or a close family member.
This is a complex area of immigration law that applies only in specific and tightly defined circumstances.
For example, a non-EEA national may have formed a relationship with an EEA citizen, and together they raised a child in the UK. If the relationship later breaks down and the non-EEA national becomes the child’s primary carer while the EEA citizen leaves the UK, the non-EEA carer may, in limited circumstances, be able to rely on derivative rights to remain in the UK, where the child would otherwise be unable to stay.
Derivative Rights of Residence
What are Derivative Rights of Residence?
These are rights that allow certain non-EEA citizens to remain in the UK where they are the primary carer of a British or EEA child or dependent whose ability to remain in the UK would otherwise be affected.
Who qualifies?
You may qualify if you are the primary carer of a British or EEA child, or in limited cases a dependent adult, and that person would be unable to remain in the UK if you were required to leave.
Zambrano Rights
This route may apply if you are the primary carer of a British citizen who would be unable to remain in the UK if you were required to leave.
Chen Rights
This route may apply where you are the primary carer of an EEA national child who is financially self-sufficient and lawfully residing in the UK.
When applying for a Marriage Visitor Visa, you do not need to pay the Immigration Health Surcharge. This visa is for a short, single stay and does not grant access to the UK’s public healthcare system.
This route may apply where you are the primary carer of a child of an EEA national who is or was a worker in the UK, and the child is enrolled in education in the UK.
When applying for a Spouse visa, you must pay the Immigration Health Surcharge to cover your healthcare costs while in the UK. Since February 2024, the surcharge has been £1,035 per year, following a 86% increase. For in-country application, it will be for 30 months and out-country application, it will be for 33 months.
Dependent children under the age of 18 of a person with derivative rights may also qualify for residence under the same protection.
The Marriage Visitor Visa allows for a single stay of up to 6 months. This visa cannot be extended, and you must leave the UK at the end of this period.
You must provide evidence of dependency and demonstrate that no other person in the UK can provide the required level of care, based on your specific circumstances.
This visa allows you to get married or register a civil partnership, but you cannot work, study, or live in the UK. You must use this visa solely to visit and get married.
No. Derivative rights do not lead directly to settlement. However, in some cases, a person with long-term lawful residence in the UK may be able to qualify for Indefinite Leave to Remain after 10 years under separate UK immigration rules.
Losing a Partner Doesn’t Mean Losing Your Home in the UK
Your right to remain in the UK may continue even after a relationship ends. Our immigration solicitors assess your circumstances confidentially, identify the relevant legal route, and prepare evidence in line with Home Office requirements.
Benefits
Why Trust UK Immigration Solicitors for Your Derivative Rights of Residence?
Our solicitors have extensive experience handling Derivative Rights of Residence applications, including complex and sensitive cases. We support individuals and families by assessing eligibility carefully, preparing compliant evidence, and guiding them through the process with clarity and care.
97.37%
Success Rate
37,573
Applications Approved
93.7%
Immigration Appeal Win Rate
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Average Rating
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
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Evidence-based case preparation
-
Home Office compliance checks
-
Success rate optimisation
-
Risk mitigation strategies
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
Work With Trusted, SRA-Regulated UK Immigration Experts
Your immigration journey is too important to risk on unqualified or unregulated help. Every case we handle is prepared by SRA-regulated solicitors who apply structured legal reasoning, precise documentation checks and full compliance with Home Office and UKVI rules.
Our accreditations are your assurance that you are working with a reputable, experienced and highly trained legal team. We combine decades of immigration expertise with strict professional standards to give you clarity, confidence and complete peace of mind — no matter which visa or application route you are pursuing.
Overview of Derivative Residence Card
In certain limited circumstances, a non-EEA national may be able to remain in the UK under European law where they are the primary carer of a British or EEA child and the child would be unable to remain in the UK if the carer were required to leave.
In more restricted cases, similar principles may apply where a person is the primary carer of a dependent adult who is a British or EEA citizen and who genuinely relies on that care to remain in the UK.
A derivative right of residence exists by operation of law where the legal conditions are met. It does not arise because a document has been issued. However, applying for confirmation of that status may still be relevant in certain situations, as it can help demonstrate:
- Permission to reside in the UK
- The ability to enter or re-enter the UK
- The right to work, where permitted
- Eligibility to rent property in England
Each case is assessed on its own facts and supporting evidence.
Who is eligible to apply for Derivative Rights of Residence?
A person may be eligible for derivative rights of residence in four narrowly defined situations. The applicable requirements and evidence depend on the specific legal route relied upon.
These include:
- Rights derived from the Zambrano judgment
- Rights derived from the Chen ruling
- Rights arising under the Ibrahim and Teixeira judgments
- Rights of a dependent child under the age of 18 of a person who holds derivative rights
Applying under the wrong route can lead to refusal, even where genuine care responsibilities exist.
Rights of Zambrano
If you are the primary carer of a British citizen, you may be able to rely on Zambrano-based derivative rights only if requiring you to leave the UK would mean the British citizen could not remain in the UK.
This route has been significantly restricted since 2019. In most cases, applicants are now expected to rely on the UK Immigration Rules where an alternative route is available. Zambrano-based claims are assessed very narrowly and require detailed evidence.
Professional legal assessment is strongly recommended before proceeding.
Chen’s Rights
Chen-based rights may apply where the primary carer is responsible for an EEA national child who is:
- Financially self-sufficient
- Lawfully residing in the UK
- Covered by comprehensive medical insurance
If requiring the non-EEA carer to leave the UK would prevent the child from exercising their EU residence rights, derivative rights may arise.
This route does not apply where the child is a British citizen.
Rights of Ibrahim & Teixeira
This category applies where the primary carer is responsible for a child of an EEA national who is, or was, a worker in the UK, and where the child is currently enrolled in education in the UK.
If removing the primary carer would disrupt the child’s education in the UK, derivative rights may arise for both the child and the carer.
Dependant children under 18 of the aforementioned primary carers
Dependant children under the age of eighteen of a person who holds derivative rights may also qualify for derivative residence, where requiring the child to leave the UK would effectively require the primary carer to leave as well.
Permanent Residency With a UK Derivative Resident Card
Derivative rights of residence do not count towards the five-year route to settlement or permanent residence.
In some cases, a person with derivative rights may later qualify for settlement under separate UK immigration rules, such as the 10-year long residence route, provided all legal requirements are met.
Derivative rights do not automatically allow dependants to join the holder in the UK.
Fees for EEA Derivative Rights
There is currently no application fee for making an application under the EU Settlement Scheme based on derivative rights.
Historic application fees applied to earlier residence card applications under EU law, which are no longer the primary route for most applicants.
Processing Time Required for Derivative Rights of Residence
Processing times vary depending on the route applied and the complexity of the case. Decisions may take several months, particularly where additional evidence or verification is required.
Delays are common in cases involving complex care arrangements or prior immigration history.
Appeal Rights for UK Cards Issued to Derivative Residents
If an application is refused, appeal or review rights may be available depending on the type of application made and the legal basis relied upon. Strict deadlines apply. Legal advice should be sought promptly before taking any further action.
How to Apply for a Derivative Residence Card for EEA
The application process depends on the route relied upon and whether the application is made under the EU Settlement Scheme or other UK immigration rules.
Supporting documents must clearly demonstrate:
- The caring relationship
- Dependency
- The impact on the British or EEA citizen if the carer were required to leave
Given the complexity of these applications, solicitor-led preparation is strongly recommended.
Frequently Ask Questions
A derivative right of residence means a non-EEA national may be allowed to remain in the UK because they are the primary carer of a British or EEA citizen who would be unable to remain in the UK if the carer were required to leave. The right is based on the dependent person’s situation, not the carer’s own immigration status.
Possibly. If you are the primary carer of a British or EEA child and the child would be unable to remain in the UK without you, you may be able to rely on derivative rights or, where applicable, make an application under the EU Settlement Scheme. Each case depends on specific legal criteria and evidence.
A Zambrano carer is a non-EEA national who is the primary carer of a British citizen and where requiring the carer to leave the UK would mean the British citizen could not remain in the UK. This route is tightly restricted and assessed on a case-by-case basis.
The Chen ruling applies where a non-EEA national is the primary carer of an EEA national child who is financially self-sufficient and lawfully residing in the UK, including having comprehensive medical insurance. Removing the carer must prevent the child from exercising their EU residence rights.
In limited circumstances, yes. Derivative rights may apply where a British or EEA adult is genuinely dependent on you for essential daily care and would be unable to remain in the UK without that care. These cases are uncommon and closely scrutinised.
No. Time spent relying on derivative rights does not count towards the five-year settlement route. However, in some cases, a person with ten years of lawful residence in the UK may qualify for Indefinite Leave to Remain under separate immigration rules.
Evidence typically includes proof of identity, the dependent person’s nationality, evidence that you are the primary carer, proof of dependency, and documents showing why the dependent person would be unable to remain in the UK without you. Requirements vary by route.
Derivative rights and retained rights of residence are different legal concepts. Retained rights usually apply to former family members of EEA nationals following divorce or separation. Derivative rights apply where a British or EEA citizen would be unable to remain in the UK without their primary carer. Applying under the wrong route can lead to refusal.
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