Sections

Derivative residence card - Zambrano

If you wish to apply for a visa in this category then our team at Hunter Stone Law will be able to guide and assist you throughout every step of the process. In order to qualify for this visa you would have to meet the requirement of the relevant section of the Immigration Rules. However we have attempted to simplify the requirements below.

You may be able to apply for a derivative residence card if you’re the primary carer of someone who has the right to live in the UK or the primary carer’s child. You can also apply as the child of an European Economic Area (EEA) worker if you’re at school in the UK.

A derivative residence card proves you have the right to live in the UK.

A ‘primary carer’ means you’re someone’s main carer - or you share the responsibility with someone else - and you’re their family or legal guardian.

You can only apply for a derivative residence card if you’re already living in the UK - you should apply for an EEA family permit instead if you’re applying from outside the UK.

How you can use the card, it can:

  • help you re-enter the country quicker when you come back from abroad
  • show employers you’re allowed to work in the UK
  • show relevant authorities, your local council for example, that you’re allowed to live in the UK

You can continue living in the UK for as long as you’re eligible - eg, the person you’re caring for will need to still be living in the UK, or in school or university. 

Eligibility

You must already be living in the UK to apply.

Who can apply

Whether you can apply depends on:

  • where you’re from
  • the situation of the person you care for or are the child of
  • your relationship to them

You’re from outside the EEA and a primary carer

You can apply if you’re from outside the European Economic Area (EEA) and the primary carer of one of the following:

  • a British child who would have to leave the EEA with you if you left
  • an EEA child who is financially independent and has full health insurance in the UK, and who would have to leave the EEA with you if you left
  • a British dependent adult
  • the child of an EEA worker who is currently at school or university and who would have to leave the EEA with you if you left, and who meets the criteria below

Children of EEA workers or former workers and currently in education in the UK

You can apply as the child of an EEA worker or former worker if all of the following apply:

  • you’re currently in education in the UK
  • you were in the UK when your EEA national parent was working in the UK
  • you were in education when your EEA national parent was in the UK

Children of primary carers

You can also apply as the child of a primary carer who has a derivative right of residence. You must be under 18 years of age to be eligible.

You’re an EEA national

You can also apply if you’re an EEA national and both of the following:

  • the primary carer of a child in the UK
  • not working, studying or able to support yourself independently

Documents you must provide

When you apply you’ll need to provide:

  • a current passport or other valid travel identification
  • 2 passport size colour photographs
  • birth certificates or other documents to prove your relationship to the person you’re the primary carer or child of

The person you care for

You’ll also need to provide proof:

  • of their current immigration status - eg their passport, birth certificate or adoption certificate
  • they are dependent on you - eg court orders or care responsibilities
  • they are living in the UK - eg tenancy agreements, utility bills or bank statements
  • that children who are European Economic Area (EEA) nationals are financially independent and have full health insurance in the UK

Children of EEA national workers in the UK

You must show that:

  • you are in education in the UK, eg a letter from the school
  • you were in the UK when your EEA national parent was working in the UK
  • your EEA national parent was in the UK at a time when you were in education in the UK

What you can’t do

You can’t count time spent in the UK with a derivative right of residence toward applying for permanent residence in the UK.