EU Nationals

Derivative Rights of Residence

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.

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Requirements

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

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 you need to know

Further information 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.

Applying for an EEA Derivative Residence Card? How our immigration lawyers can help

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Sarah Rogers

Founder of IAC

Our immigration lawyers regularly assist EEA nationals and their family members to relocate to, and settle in, the UK.

We can help you with as much or as little advice and assistance as you need with tailored packages or individual services giving you flexibility to choose all the assistance you need, when you need it. You’ll also have the benefit of access to our innovative client portal, giving you everything you need at your fingertips.

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