EEA Derivative Residence Card

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.

Eligibility:

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

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.

If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.

For more information or to book an initial consultation, please contact us

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KB Law Solicitors is the trading name of KB Law Solicitors Limited. Authorised and regulated by the Solicitors Regulation Authority under SRA registration number 638922. KB Law Solicitors Ltd is a limited Company registered in England and Wales under registration number 10194135.