Derivative Residence Card
If you would like to discuss your eligibility for an EEA Derivative Residence Card or if you require expert legal assistance in connection with an EEA Derivative Residence Card application or appeal, call us on 0203 909 8399 or contact us online.
A person who does not qualify for a right of residence under the Free Movement Directive may qualify for another right of residence under European Union (EU) law. If you are the primary carer for a child who has the right to reside in the UK then you may be eligible for Derivative Residence Card.
Types of derivative rights of residence
A person may qualify for a derivative right of residence in one of the following categories:
- Zambrano cases
- Chen cases
- Ibrahim and Teixeira cases
- dependent child aged under 18 of a primary carer in one of the categories set out above
The primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the European Economic Area (EEA).
To qualify for a Derivative card under Zambrano cases the applicant is required to satisfy;
- that they are direct relative or legal guardian of the British Citizen
- direct relative or legal guardian is the primary carer of the British citizen
The primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights.
In order to qualify for an EEA Derivative Residence Card as a primary carer, you will need to satisfy UK Visas and Immigration that:
- the child is under the age of 18 years with valid EEA national passport or identity card or an original birth certificate
- The child is self-sufficient
- Direct relative or legal guardian for primary care of the child
- The child won’t be able to remain in the UK if the primary caser is required to leave the UK
Ibrahim and Teixeira cases
The child of an EEA national worker or former worker where that child is in education in the UK. The primary carer of a child of an EEA national worker or former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK.
A primary carer has a right of admission where they are accompanying or joining the child in the UK, and:
- that child is living or has lived in the UK under regulation 16(3)
- the primary carer would be entitled to live in the UK under regulation 15A(4) were they and the child both in the UK
Dependent child aged under 18 of a primary carer in one of the categories set out above
The dependent child of a primary carer where requiring that child to leave the UK would force the primary carer to leave the UK with them.
For further information, help and advice
Our immigration solicitors regularly assist EEA nationals and their family members to relocate to and settle in, the UK.
Whether you require expert advice on the requirements of the EEA Regulations, an independent assessment of your prospects of qualifying for an EEA residence document or professional assistance with preparing an EEA residency application or appeal, our immigration barristers can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to EEA nationals and their family members as part of a professional and friendly service.
For further help or information Get In Touch