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Skip to content Under the EU Settlement Scheme, an individual with a derivative right of residence in the UK may apply for either Settled Status or Pre-Settled Status.
If you need any assistance with Derivative rights of residence application you can contact our solicitors at 02033844389.
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A primary caretaker (a person who is the primary or sole carer for someone) and the person being cared for may be able to get leave under European law based on “derivative rights” and apply for a derived Residence UK Card under certain conditions. The care person must be the caregiver’s legal guardian or close family.
This is a complicated topic of law that applies to individuals in various circumstances.
For instance, a non-EEA citizen marries an EEA citizen, and the couple raises a kid in the UK. After the marriage fails, the non-EEA national is left to be the child’s primary carer while the EEA national departs the UK. Under European law and the principles of derived rights, both the kid and the non-EEA national may be eligible to get leave in the UK.
Another instance may be if a non-EEA citizen marries a British citizen, and the two of them have a child born in the UK who is a British citizen. After that, the marriage breaks down, the non-EEA national is left as the child’s primary career while the British parent disappears. Call now at 02033844389.
If the person from a non-EU family member can prove that nobody else in the UK can take care of the child and that the child can’t stay in the UK if the non-European person leaves, they might get permission to stay in the UK based on European rules.
When someone takes care of an adult full-time, there are also cases where they might get rights based on similar rules.
In fact, a derivative right of residence is obtained. It is not necessary to possess a document to verify that right, just like with a regular EEA Resident UK card for immediate family member residence. Nonetheless, applying for a derivative resident UK card to keep it as evidence of their right may be helpful for those having derivative rights of residence. This could demonstrate their:
A person may be eligible for a derivative right of residence in four primary scenarios. Depending on which route the applicant takes, different requirements and documents are needed.
Call UK immigration solicitors at 02033844389 for assistance.
If you are the basic carer of a child or adult who is a British national, you can be eligible for a derivative right of residence. This applies in cases where a British national is compelled to leave the EEA because the primary caretaker is required to leave the UK.
This route has undergone significant modification in 2019. If the option exists, applicants must now apply under UK Immigration Rules. For those applications, it is strongly advisable to have a consultation with one of our experienced immigration solicitors on call 02033844389.
In cases where the child is an EEA national, applications may be filed under the Chen ruling for a derivative residency UK card. The primary carer of a child who is an independent EEA national then files an application in cases where forcing a non-EEA applicant to leave the UK would deny the child their right to exercise that person’s entitlements.
The key difference between Zambrano’s and Chen’s rights is that, under Chen, the “sponsor” may only be children. Second, the child cannot be a British national; instead, they must be an independent person of an EEA nation. Call now at 02033844389.
In contrast to other forms of leave granted under European law, leave granted under derivative rights does not count towards the right to permanent residence inside the EEA, and migrants who use such leave are forbidden from bringing an additional dependant into the UK.
After five years, there might be a chance to apply for settled status. According to UK immigration rules, some applicants might also be eligible to change the path that will lead to residence. Holders with derivative rights of residence may be eligible for ILR for ten years after legally living ten years in the UK. To know more call us at 02033844389.
Applications for derivative rights typically take six months to process. The Home Office makes decisions on most applications in two to three months. For further information call 02033844389.
The DRF1 form must be used to apply. Moreover, depending on the application option you choose, you will have to submit the relevant supporting documents.
Our professional team of UK Immigration Solicitors has a great deal of expertise in handling EEA applications. Get in touch with us right now to discuss your application for a derivative residency card. With initial applications, extensions, switching, and appeals, we can assist.
