Through the EU Settlement Scheme, individuals holding a derivative right to reside in the UK can apply for either Settled or Pre-Settled Status. These rights were originally created under the EEA Regulations, which expired on December 31, 2020, at the close of the Withdrawal Period, and are now governed by case law from the European Court of Justice.
For assistance with your Derivative Rights of Residence application, feel free to contact our immigration solicitors at 02033939272.
Rather than being directly drawn from the Free Movement Directive 2004/38/EC, “derivative rights” are derived from other EU legal documents. Anyone who isn’t an “exempt person” might be able to get a derivative right of residence. Immigration (European Economic Area) laws 2016 (the 2016 laws) spell out the criteria in regulation 16.
The following individuals are considered “exempt persons” under the 2016 regulations, as stated in regulation 16(7)(c):
An individual can apply for a derivative residence card, which looks like a regular residence card, to confirm their derived right to reside. Refer to the Rights of Residence guidelines for further details regarding derivative residence cards.
In four main situations, an individual might be qualified for a derivative right of residence. Applicants must meet different standards and provide different documents depending on the route they choose.
A person’s eligibility for a derivative right of residency can be categorised as follows:
Primary carers of children or dependent people who are citizens of the United Kingdom own derivative rights to reside known as “Zambrano rights.” These individuals would be forced to leave the European Economic Area (EEA) if the carer left the UK. A person who possesses a derived right to dwell must have maintained continuous qualifying residency in the UK for a certain amount of time, as stated in regulation 16(1) of the EEA Regulations, in addition to the requirements of subparagraphs (5) and (6).
It will be necessary for you to demonstrate that you are:
Furthermore, applicants who already possess the right of abode, are exempt from immigration control, or hold any type of leave to enter or remain in the UK (whether limited or indefinite)—barring grants made under Appendix EU or those that are in effect under section 3C of the Immigration Act 1971—will not be recognised.
Finally, eligibility will not be extended to individuals who are subject to removal, cancellation, or exclusion decisions under the EEA Regulations, unless such decisions have been set aside or are no longer in effect. This includes people who continue to have a right to reside under those regulations.
A primary carer of an EEA national child who is using their free movement rights in the UK as a self-sufficient person. If the primary carer had to leave the UK, the EEA national child would not be able to use those rights.
The child of an EEA worker or past worker who is in school in the UK.
The primary carer of a child of an EEA national worker or former worker while the child is in school in the UK and would not be able to continue their education if the primary carer had to leave the UK.
When a dependent child of a primary carer is required to leave the UK, the primary carer must also leave the UK.
To qualify for a derivative right of residence in one of the categories above, an individual must fulfil the requirements laid out in the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations).
A non-EEA citizen applying for a derivative residence card will be required to enrol their biometrics as of 6 April 2015 to receive a document proving their right to reside in the UK under EU law. This is in accordance with the Immigration (Provision of Physical Data) Regulations 2006 (as amended).
Any references to a derivative residency card in this article should also be interpreted as a document issued in biometric format.
In order to apply through these routes, your application must be valid. To submit these types of applications, you must contact the EU Resolution Centre to obtain a paper form.
You will be required to give evidence that the conditions were met throughout the period of residency relied on. After five years of continuous residency, individuals whose right to dwell in the UK is based on a derivative or Zambrano right can now be relied upon to permanently reside in the UK, unlike under the EEA restrictions.
Additionally, you must fulfil the criteria for suitability.
The application deadline was June 30, 2021. You can be eligible for a late application if you can prove that you were unable to submit your application by the due date due to valid reasons. You may already possess a document produced under the EEA Regulations that is valid beyond this date and may not have realised that you needed to apply to the EU Settlement Scheme.
As compared to other types of leave given under European law, leave awarded under derivative rights does not contribute towards the right to permanent residence inside the EEA, and migrants who utilise such leave are prohibited from bringing an extra dependent into the UK.
There may be an opportunity to seek settled status after five years. According to UK immigration rules, some applicants may also be able to change the road that will lead to residence. If a holder has derived rights of residence and has lawfully resided in the UK for ten years, they may be eligible for ILR for another ten years. For further information, please contact us at 02033939272.
If your application is turned down, you usually have the full right to file an appeal. To challenge the denial of your derivative residence card, you must submit an appeal to the Immigration Tribunal. To help you file and prepare your request, our immigration attorneys are available to assist you. Call us at 02033939272.
All applicants must pay £65 to apply for a derived rights residency card. The application process for settled or pre-settled status is currently free of charge.
The usual processing time for derivative rights applications is six months. It usually takes the Home Office about two or three months to decide on an application. Get in touch with 02033939272 for further details.
Application must be made using the DRF1 form. In addition, you may need to send in certain supporting documents based on the application option you select.
Our skilled immigration solicitors at Rees Clayton have extensive experience processing EEA applications. If you are interested in applying for a derivative residency card, please contact us immediately. Let us help you with your first application, extensions, switching, or appeal.
At Rees Clayton, our immigration lawyers specialise in assisting EU, EEA, and Swiss nationals, as well as their families, with applications to the EU Settlement Scheme.
We provide comprehensive support for all aspects of the EU Settlement Scheme, including:
Our proactive and approachable team takes pride in delivering personalised, professional assistance. Whether you have questions or need hands-on support, we are committed to helping you navigate the complexities of immigration with confidence and care.
Non-EEA nationals with rights that “derive” from EU nationals living in the UK are awarded a derivative residency card. It usually refers to people who take care of children from the EU or the UK full-time.
To apply for a resident card based on derivative rights in the UK, you must use the form DRF1.
The Residence Card based on derived rights is typically provided for five years, or until the age of the “sponsor” kid, whichever comes first.
Those who possess derived rights are able to lawfully work in the UK.