A derivative residence card provides you with an indirect right of residence in which your stay depends on the existing right of another individual. If you are a primary caregiver of someone with the right to reside in the UK or are the primary caregiver’s child then you can apply for a derivative right of residence in the UK. This card helps in proving that you have the right to live and work in the UK. You are eligible for this card if you live in the UK and are the primary caregiver of someone who has the right to live in the UK or the primary caregiver’s child or the child of the former EEA worker and are at school, college or university in the UK. If you are living in the UK then you don’t need a derivative residence card but it can help you with these things:
- You can re-enter the country quickly when you come back from abroad visit
- With the card, you can show the employers that you have permission to work in the UK
- You can show appropriate authorities that you are allowed to reside in the UK.
You and your family can apply for EU settlement scheme if you wish to continue to live in the UK. Being a primary or main caregiver means you are someone’s caregiver or share the responsibility with someone else equally and you are their legal guardian or direct relative. In case you are outside the UK, you cannot apply for this card but you can apply for EEA family permit. EEA derivative residence card is a card issued to non-EEA nationals on various bases and it shows that the right of residence is derived from EU law.
Requirements for derivative residence card:
- Your current passport or other travel documents
- 2 colored passport-sized photographs of you and other dependents included in the application.
- Birth certificates or other documents that prove your relationship with the person of whom you are the primary caregiver or child of
- A passport size colored photograph of the person you are primary caregiver or child of
Requirements when applying as a primary caregiver:
- Proof of current immigration status like passport, adoption certificate or birth certificate
- Proof that they are dependent on you like care responsibilities and court orders
- Proof that you are living in the UK like tenancy agreements, bank statements or utility bills.
- Proof that the self-sufficient children are EEA nationals, are financially independent and have complete health insurance in the UK
Requirements if you are applying as a child of EEA national who stops working or leaves the UK:
- You are getting educated in the UK e.g. a letter from the school, college or university
- You were educated in the UK when your EEA parent was living in the UK e.g. a letter from your school, university or college along with tenancy agreement or utility bill from your parents.
- Proof that your EEA parent was working in the UK at the same time you were in the UK like their pay-slips or a letter from their employer
- Biometric information of non-EEA nationals
- All the non-EEA nationals applying also need to provide their biometric information
Children under 16 need to be accompanied by parents or their guardian or someone else who holds the legal responsibility of the child. In case the responsible adult is not the parent or guardian, they must be above 18 years of age and must be named on the application form.
The fee to apply:
Derivative residence card costs a fee of 65 pounds per person along with 19.20 pounds to submit your biometric information.
Who can apply?
You can apply for a residence card if you are from outside the EEA and are the family member or extended family member of an EEA national.
Here is the list of people who are eligible to apply:
Direct family members:
- A spouse or a civil partner
- Child or grandchild under 21 years of age or a dependent
- Dependent parents or grandparents
Extended family members:
- Brother or sister
- Aunt or uncle
- Niece or nephew
- Relatives like great-aunt, great-nephew or second cousin
- Any relative by marriage
If you want to get a derivative residence card then you must be one of the following:
- The primary caregiver-child
- The primary caregiver of someone who has the right to live in the UK
- The child of former EEA worker or if you are at school, college or university
The primary caregiver: You are eligible for a derivative residence card if you are the primary caregiver of someone who would have to leave the UK, in case you left. The person for whom you care for must be one of these:
- A British child who will have to leave EEA if you left the UK
- A British dependent adult who will have to leave the EEA in case you leave the UK
- A child from EEA who is financially independent with complete health insurance
Child of a primary caregiver: the applicant can apply for the derivative residence card as the child of a primary caregiver if all of these are true:
- Your primary caregiver is eligible for the residence card
- You are under 18
- Your parent would be able to continue living in the UK even if you were required to leave
Child of EEA National who stops working or leaves the UK: in case you are the child of an EEA national who stops working in the UK or leaves the UK then you might get the residence card if all these are true:
- You are pursuing an education in the UK
- Your EEA parent has worked in the UK while you were living in the country
- Your EEA parent has lived in the UK while you have been pursuing education
- You cannot get the UK residence card or registration certificate
More information about derivative residence Card:
There is not much legal requirement to get a derivative residence card as the right of residence is taken from EU law. This card will act as your confirmation of your right to reside in the UK and with this, it will be easier for you to re-enter the UK and prove your right to work and get different services. Derivative residence card applications can be made only from within the UK and in case you are outside the UK then you need to apply for EEA Family Permit. You can get the residence card if you have the permission to live in the UK for some other reason. You can continue to live in the UK as long as you remain eligible which means as long as the person you are the caregiver of continues to live in the UK. The time of the applicant which is spent in the UK with a derivative right of residence does not count in applying for permanent residence in the UK.
How we can help you?
Our specialist immigration solicitors provide best legal services to assist applicants and their families in relocating and settling in the UK. We specialize in UK immigration for non-EEA nationals as we hold experience and expertise in EU regulations. Whether you are looking for the expert advice on the EEA regulations, assessment of prospects of qualifying for EEA residence document or professional assistance in preparing EEA residency application then we have immigration solicitors to help you with it. Our company provides you with the best services in applying for the residence card. Our team is dedicated to providing reliable and best immigration services to EEA nationals and their families. Our services are highly professional and friendly.
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- We are a completely SRA regulated law firm that has a client base all over the UK and throughout the world
- We have several happy clients owing to our dedication and professionalism
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Contact us for the best services in applying for the derivative residence card.
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