Derivative Residence Card

EU countries:
The EU countries are:

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):


  • child or grandchild who are either under 21 or a dependant
  • dependent parents or grandparents

Extended family members


Extended family members include the qualified person’s (or their spouse or civil partner’s):


  • brother or sister
  • cousin
  • aunt or uncle
  • niece or nephew
  • relative from a different generation, such as a great-aunt, great-nephew or second cousin
  • relative by marriage

An extended family member must also be one or more of the following:


  • dependent on the qualified person before coming to the UK - and will either continue to be dependent on them or live in the same house as them in the UK
  • living in the same house as the qualified person before coming to the UK - and will either continue to live with them or be dependent on them in the UK
  • cared for by the qualified person because they have a serious medical condition
  • It is very important to bear in mind that the for an EEA national to sponsor his/her family member in the UK, he/she must be exercising EU treaty rights which means, he/she is one of the following: job seeker worker self-employed person self-sufficient person student

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:


  • the primary carer of someone who has the right to live in the UK
  • the primary carer’s child
  • the child of a former European Economic Area (EEA) worker if you’re at school, college or university in the UK

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:


    parents
  • grandparents
  • spouses or civil partners
  • children (including adopted children but not step-children)
  • grandchildren

You can’t get a derivative residence card if you have permission to reside in the UK for another reason.


Primary carer:


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:


  • a British child who would have to leave the EEA if you left the UK
  • a British dependent adult who would have to leave the EEA if you left the UK
  • a child from the EEA national who is financially independent with full health insurance

  • Child of a primary carer


    You must be able to show that:


    • your primary carer is eligible for a derivative residence card
    • you are under 18
    • your parent would be unable to continue living in the UK if you were required to leave

    • 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:


      • You are in education in the UK
      • your EEA parent has worked in the UK when you have lived in the UK with him/her
      • your EEA parent has lived in the UK when you have been in education
      • you cannot get a UK residence card or registration certificate

      • 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.