About the Derivative Residence Card
Dear Mr Bassie,
I live in Jamaica and I am the only child of an elderly parent who resides in the United Kingdom. I am interested in applying for a Derivative Residence Card from over here. I am hoping that you can give me some advice as to how to go about it.
It is possible for a person to obtain a Derivative Residence Card if he/she is from outside of the European Economic Area (EEA) and if that person is a primary caregiver.
In order to apply from outside of the EEA, the applicant must be the primary caregiver of a British child who would have to leave the EEA with that person if he/she leaves; an EEA child who is financially independent and has full health insurance in the United Kingdom, and who would have to leave the EEA with the applicant if he/she left; or if he/she is the caregiver of a British dependent adult.
A person may also apply if he/she is the child of an EEA worker who is currently at school or university and who would have to leave the EEA with the applicant if he/she were to leave. However, there are certain criteria that such a child would have to meet.
A person can apply as the child of an EEA worker or former worker if the following conditions are met: he/she is currently in education in the United Kingdom; the applicant was in the United Kingdom when his/her EEA national parent was working over there; or the applicant was in education when his/her EEA national parent was over there. A person may also apply as the child of a primary caregiver who has a derivative right of residence. It must be noted that the applicant must be under 18 years of age to be eligible.
A person can also apply if he/she is an EEA national and the primary caregiver of a child over there and if that person is not working, studying, or able to support himself/herself independently.
An applicant will need to provide a current passport or other valid travel identification; two passport-size colour photographs; and birth certificates or other documents to prove the relationship to the person if the applicant is the primary caregiver or child of him/her. Where necessary, an applicant will need to provide a certified translation of any documents that aren't in English or Welsh. Please note that the applicant may need to provide additional documents, depending on his/her circumstances.
In addition, the person that the applicant cares for will also need to provide proof of his/her current immigration status, for example a passport, birth certificate, or adoption certificate. Also, that he/she is dependent on the applicant, for example court orders or care responsibilities; that the dependents are living in the United Kingdom, for example tenancy agreements, utility bills or bank statements; if they are children who are European Economic Area (EEA) nationals, they are financially independent, and have full health insurance in the United Kingdom.
Also, children of EEA national workers in the United Kingdom must show that they are in education in the United Kingdom, for example a letter from the school; that the applicant was over there when his/her EEA national parent was working there; or his/her EEA national parent was in the United Kingdom at a time when he/she was in education in the United Kingdom.
The Derivative Residence Card application form can be downloaded and filled in and then sent to the address on the form with the PS55 fee and supporting documents.
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 (UK). Email email@example.com.