Sun | Sep 24, 2017

What's this residence card?

Published:Tuesday | November 4, 2014 | 11:00 AM
John Bassie united kingdom
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Dear Mr Bassie,

I am presently in the United Kingdom and I have have heard about a derivative residence card that a person might be able to obtain which would give the right to live in the United Kingdom. I would like to know more about this card. Any information would be appreciated.

- HK

Dear HK,

You have informed me that you are living in the United Kingdom but you have not indicated your status there; however, I will proceed to answer your query.

A derivative residence card proves that a person has the right to live in the United Kingdom. A person may be able to obtain for a derivative residence card if he or she is the primary carer of someone who has the right to live in the United Kingdom. A child may be able obtain a derivative residence card if he/she is the child of a European Economic Area (EEA) worker and is at school in the United Kingdom.

A 'primary carer' refers to a person who is someone's main carer or that person who shares the responsibility with someone else and is that person's family or legal guardian. A person is only able to apply for a derivative residence card if he or she is already living in the United Kingdom. Also, an application can be made for an EEA Family Permit instead if that person is applying from outside the United Kingdom.

The derivative residence card has many uses. A person can use this card to re-enter the United Kingdom quicker when he/she arrives there from abroad. The card can be used to show potential employers that the holder is allowed to work in the United Kingdom and also to show relevant authorities that the holder is allowed to live in the United Kingdom. The application fees associated with this is £55.

In terms of the length of time that a holder of this card is permitted to stay in the United Kingdom, a person can continue to live in the United Kingdom for as long as he/she is eligible, for example the person that the holder of the card is caring for will need to still be living over there, or is in school or university. However, the holder should be aware that he/she will not be able to count time spent in the United Kingdom with a derivative right of residence toward applying for permanent residence over there. As previously stated, a person must already be living in the United Kingdom to be eligible to apply. In addition, eligibility will also depend on where the applicant is from; the situation of the person whom the applicant cares for, or the child; and the relationship that the applicant has to them.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (U.K.). Email:lawbassie@yahoo.com