Derivative Right of Residence Application

EEA Derivative Right of Residence Application

An EEA Derivative Residence Card is a document issued to non-EEA nationals on a variety of bases showing that a right of residence is derived from EU law.

What are the main eligibility requirements for an EEA Derivative Residence Card?

In order to qualify for an EEA Derivative Residence Card, you will need to be living in the UK and be either:

• The primary carer of:
  • a British child who would have to leave the EEA if you left the UK; or
  • a British dependent adult who would have to leave the EEA if you left the UK; or
  • a child from the EEA who is financially independent with full health insurance
•  The child of a primary carer in circumstances where:
  • you are under the age of 18; and
  • the primary carer is eligible for a derivative residence card; and
  • your parent would have to leave the UK if you left the UK
•  The child of an EEA national who stops working in the UK or leaves the UK if you are at school, college or university in the UK, provided that you are not eligible for an EEA Residence Card or EEA Registration Certificate.

You will qualify as a ‘primary carer’ if you are someone’s main carer, or you share the responsibility with someone else, and you are their direct relative or legal guardian. Direct relatives include:

• Parents
• Grandparents
• Spouses or Civil Partners
• Children (including adopted children but not stepchildren)
• Grandchildren

What else do I need to know about the EEA Derivative Residence Card?

There is no legal requirement to obtain an EEA Derivative Residence Card because the right of residence is derived from EU law. However, an EEA Derivative Residence Card will act as confirmation of your right of residence in the UK and this will make it easier to re-enter the UK, prove your right to work and obtain various services.

EEA Derivative Residence Card applications can only be made from within the UK. If you are outside the UK then you should apply for an EEA Family Permit instead.

You cannot obtain an EEA Derivative Residence Card if you have permission to reside in the UK for another reason.

You can continue living in the UK for as long as you remain eligible. For example, for as long the person you are caring for continues to reside in the UK.

Time spent in the UK with a derivative right of residence does not count towards applying for permanent residence in the UK.