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:
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.
You must already be living in the UK to apply.
Who can apply
Whether you can apply depends on:
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:
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:
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:
Documents you must provide
When you apply you’ll need to provide:
The person you care for
You’ll also need to provide proof:
Children of EEA national workers in the UK
You must show that:
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.