Tue | Oct 16, 2018

Immigration Corner | Can I apply for a derivative residence card?

Published:Tuesday | August 21, 2018 | 12:00 AM

Dear Mr Bassie,

Who can apply for a derivative residence card, and is there an advantage to having one? Thanks in advance for your assistance.

P.H.

Dear P.H.,

Persons will not need a derivative residence card if they are living in the United Kingdom, but it can:

- Help persons to re-enter the country quicker when they return from abroad.

- Show employers that they are allowed to work in the United Kingdom.

- Show relevant authorities, for example the local council, that they are allowed to live in the United Kingdom.

Persons are eligible for a derivative residence card if they are living in the United Kingdom, and they are one of the following:

- The primary caregiver of someone who has the right to live in the United Kingdom;

- The primary caregiver's child;

- The child of a former worker from the European Economic Area (EEA) and they are at school, college, or university in the UK.

Being a 'primary carer' means that he or she is someone's main carer, or he or she shares the responsibility with someone else at least equally, and they are their direct relative or legal guardian.

Please note that persons cannot apply if they are outside the UK. They must apply for an EEA family permit instead, and it costs £65 to apply.

Persons can continue living in the UK for as long as they are eligible, for example, for as long as the person they are caring for lives over there.

Persons cannot count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK.

 

Eligibility

 

To get a derivative residence card, a person must be one of the following:

- The primary caregiver of someone who has the right to live in the UK;

- The primary caregiver's child;

- The child of a former EEA worker if he or she is at school, college, or university in the UK.

A 'primary caregiver' means that he or she is someone's main carer, or shares the responsibility with someone else and is a direct relative or legal guardian. Direct relatives are:

- Parents;

- Grandparents;

- Spouses or civil partners;

- Children (including adopted children but not step-children);

- Grandchildren.

Persons cannot get a derivative residence card if they have permission to reside in the UK for another reason.

 

Primary caregiver

 

Persons are eligible for a derivative residence card if they are the primary caregiver of someone who would have to leave the UK if that person leaves.

The person you care for must be one of the following:

- A British child who would have to leave the EEA if the caregiver left the UK;

- A British dependent adult who would have to leave the EEA if the caregiver left the UK

- A child from the EEA who is financially independent with full health insurance ('self-sufficient').

 

Child of a primary caregiver

 

Persons can apply for a derivative residence card as the child of a primary caregiver if all of the following are true:

- His or her primary caregiver is eligible for a derivative residence card;

- He or she is under 18;

- His or her parent would be unable to continue living in the United Kingdom if the child were required to leave.

 

Child of an EEA national who stops work or leaves the UK

 

If someone is the child of an EEA national who stops working in the UK or leaves the UK, he/she may be able to get a derivative residence card if all of the following are true:

- They are in education in the UK;

- The EEA parent has worked in the UK when he or she has lived in the UK;

- The EEA parent has lived in the UK when he or she has been in education;

- Persons cannot get a UK residence card or registration certificate.

The primary caregiver will also be eligible unless the child could continue to be educated in the UK without him/her.

Good luck!

- 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 lawbassie@yahoo.com.