Derivative rights of residence are ‘derived’ from other instruments of the EU law. A person who does not qualify for a right of residence in the UK under the EU Directive 2004/38/EC may qualify for another right of residence under the EU law. There are different type of derivative rights of residence.Derivative Residence Card legal advice from LEXVISA London Immigration Solicitors
Derivative Residence Card: What is it?
A derivative residence card is a document that can prove your right to live and work in the UK. Derivative right of residence are ‘derived’ from other instruments of the EU law. A person who does not qualify for a right of residence in the UK under the EU Directive 2004/38/EC may qualify for another right of residence under the EU law. There are different type of derivative rights of residence.
Derivative Residence Card: Who can apply?
If you are a non-EEA national who is the primary carer of a British child or British dependent adult or a self-sufficient EEA child, you may be eligible to apply for a derivative residence card. These cases are broadly known as the ‘Zambrano’ cases, where a British national (child or dependent adult) will have to leave the UK if their primary carer were to be forced to leave the UK.
If you are a non-EEA national who is the primary carer of a self-sufficient EEA national child, you may also be eligible to apply for a derivative residence card. These cases are broadly known as the ‘Chen’ cases, where requiring the primary carer to leave the UK will lead to the EEA national child being prevented from exercising their Treaty rights. You should note that to qualify as a self-sufficient EEA national, the EEA national must hold private comprehensive sickness insurance.
You may also be eligible to apply for a derivative residence card if you are the child of an EEA national who stops working in the UK or leaves the UK. To be eligible in this route, you must satisfy all of the following:
- You must be in education in the UK; and
- Your EEA parent has worked in the UK when you have lived in the UK; and
- Your EEA parent has lived in the UK when you have been in education; and
- You are unable to get a UK residence card or registration certificate.
If you qualify under this route, your primary carer will also be able to obtain derivative right of residence in the UK with you.
Derivative Residence Card: What you need to know
Interestingly, a derivative residence card will not have a fixed validity period. Your right of derivative residence will be maintained as long as your are eligible. This means that you may live and work in the UK as long as the person you are caring for continues to live in the UK and that you continue to care for them.
Obtaining documentation for your derivative right of residence will make it easier for you to re-enter the UK, to show employers that you have a right to work, and to show relevant authorities that you have the right to live in the UK.
You should note that any time spent when you are exercising your derivative right of residence will not be counted towards your permanent residence qualifying time. If you wish to explore your options in applying for Indefinite Leave to Remain in the UK, you should always contact us for strategic legal advice and possible options applicable to you.
Successful UK Derivative Residence Card Application
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or possibly indefinite leave to remain. Get in touch with our business immigration lawyers now on 02071830570. You can also reach us via our contact form.