Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK
The Switzerland nationals also have same rights even though they are not listed in EU countries:
You are eligible to apply for a residence card if you are from outside the European Economic Area (EEA) and you are the family member, or extended family member, of an EEA national.
Direct family members:
A spouse or civil partner counts as a family member.
A close family member also includes the qualified person’s (or their spouse or civil partner’s):
Extended family members
Extended family members include the qualified person’s (or their spouse or civil partner’s):
An extended family member must also be one or more of the following:
When can you make an application for derivative residence card:
You may apply for a derivative right of residence card if you are the carer of an EEA citizen, the carer’s child, or the child of a former EEA worker and child currently in education.
To successfully apply for a derivative residence card, you must be one of the following:
A ‘primary carer’ means you are someone’s main carer, or you share the responsibility with someone else, and you’re their direct relative or legal guardian.
Direct relatives are:
You can’t get a derivative residence card if you have permission to reside in the UK for another reason.
You must be able to prove that you are the primary carer of someone who would have to leave the UK if you left.
The one you care for must be one of the following:
Child of a primary carer
You must be able to show that:
Child of an EEA national who stops work or leaves the UK
If you are the child of an EEA national who stops working in the UK or leaves the UK, you may be able to get a derivative residence card if all of the following can be proved:
Your primary carer will also be eligible, unless you could continue to be educated in the UK without them.
How we can help:
We at Immigration Solicitors 4me specialise not only in UK immigration for non-EEA nationals, we also have expertise and experience in EU regulations. The UKVI has been undertaking various measures to toughen the rules and procedures for family members of an EU nationals. We often hear about “Sham marriages” and abuse of EU regulations over the news and media. This is why, various measures were taken to tackle such an abuse which has in terms affected the applications of genuine applicants. The situation is even difficult for extended family members because, upon refusal, they may even not have a right to appeal, following a recent decision of Upper Tribunal. The Surinder Singh route is also toughened in the new EU Regulations of 2016 where more evidence would be required to submit with application with regards to move of centre of life of a British Citizen in another member state. Do not worry, we are here to help the genuine applicants and we will advise, assist and represent your applications/case before the UKVI for the best possible outcomes. With specific to derivative rights of residence applications, we will advise you on the most accurate evidence to meet the requirements of the rules and on the basis of such evidence we will make robust representations with your completed application forms for possible positive outcome. We are thorough in out preparation and legal representations and we provide an affordable service on competitive fees.