Personal Immigration

EEA DERIVATIVE RESIDENCE CARDS

EEA DERIVATIVE RESIDENCE CARDS

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.

How our immigration barristers can help

Our immigration barristers 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.

WE CAN ALSO ASSIST WITH

  • Applications for EEA Family Permits

    EEA Family Permits are issued to non-EEA nationals living outside the European Union who would like to travel to the UK with an EEA national family member or join an EEA national family member in the UK.

  • Applications for EEA Registration Certificates

    EEA Registration Certificates are issued to EEA nationals who are exercising Treaty rights in the United Kingdom and wish to prove their right of residence. Similarly, the EEA family members of persons exercising Treaty rights may wish to apply for a Registration Certificate.

  • Applications for EEA Residence Cards

    EEA Residence Cards are issued to non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the United Kingdom. EEA Residence Cards confirm a right of residence in the UK.

  • Applications for EEA Documents Certifying Permanent Residence

    EEA Documents Certifying Permanent Residence are issued to EEA nationals who have lived in the UK and exercised Treaty rights for a continuous period of 5 years or more. EEA Documents Certifying Permanent Residence confirm a right of permanent residence in the UK.

  • Applications for EEA Permanent Residence Cards

    EEA Permanent Residence Cards are issued to non-EEA national family members and extended family members of EEA nationals who have exercised Treaty rights in the United Kingdom for a continuous period of 5 years. EEA Permanent Residence Cards confirm a right of permanent residence in the UK.

  • Applications for British Citizenship by EEA Nationals and Family Members

    If order to qualify for British citizenship (naturalisation) as an EEA national or family member of an EEA national, you will need to satisfy UK Visas and Immigration that:

    • You are at least 18 years old;
    • You have held a right of permanent residence for at least 12 months;
    • You have been granted an EEA Document Certifying Permanent Residence or EEA Permanent Residence Card as confirmation of your right of permanent residence in the UK;
    • You were in the UK on the day five years before the date of your application;
    • You have not been absent from the UK for more than 450 days during the intervening five year period;
    • You have not been in the UK in breach of the immigration laws at any time during that five year period;
    • You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
    • You are of good character;
    • You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
    • Your intentions are that if your application is successful your home (or principal home) will be in the UK.

    If you are an EEA national or family member of an EEA national under the age of 18 then you may qualify for British Citizenship by Registration.

    The Secretary of State has a discretion to treat some of the requirements as met even where they are not. However, the Secretary of State has no discretion to waive the requirement to have acquired a right of permanent residence.

    EEA nationals and their family members applying for naturalisation as a British citizen must be able to produce an EEA Document Certifying Permanent Residence or EEA Permanent Residence Card as confirmation of their right of permanent residence in the UK. Applications for confirmation of permanent residency can take up to 6 months to be decided by the Home Office.

  • Immigration Appeals by EEA Nationals and Family Members

    If your application for an EEA residence document has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

    As well as preparing high quality EEA residence document applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

    Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our EEA Nationals and Family Members immigration team on 0203 617 9173 or complete our enquiry form.

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