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.