Derivative rights of residence
Can you apply for an EEA Family permit under Derivative right of residence?
An individual who is not entitled to qualify for a right of residence under the free movement directive may qualify ‘derivative rights under EU law. These rights are derived from EU case, not from the directive.
You must meet with the eligibility requirements listed below in order to qualify for this visa, please contact us for initial assessment to determine your eligibility, and to discuss the options.
A person may qualify for a derivative right of residence in one of the following categories:
‘Zambrano’ cases, as the main carer of a British national child or dependent adult, where requiring the main carer to leave the UK would force that British national to leave the EEA.
‘Chen’ cases, as the main carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the main carer to leave the UK would put a stop to the EEA national child exercising those free movement rights.
‘Ibrahim and Teixeira‘ cases, as the child of an EEA national worker or past worker where that child is in education in the UK or as the main carer of a child of an EEA national worker or past worker where that child is in education in the UK and where requiring the main carer to leave the UK would put a stop to the child from continuing their education in the UK.
Key criteria of derivative rights of residence?
- You are the primary carer of an EEA child in the UK who is financially independent
- You are a child of an EEA former worker and you’re currently in education in the UK
- You are the primary carer of a child of an EEA former worker and the child is currently in education in the UK
- You are the primary carer of a British child
- You are the primary carer of a British dependent adult
Definition of a “primary carer”
A primary carer is defined as a person who has responsibility for the day to day care of a person, including making decisions about their education, health, and financial well being. You must be their direct relative or an appointed legal guardian.
How Vincent Solicitors can assist with your application?
At Vincent Solicitors our specialist immigration solicitors can assist with your derivative rights application as an extended family member of an EEA national and achieve the best possible outcome. We can provide you with a consultation to assess the merits of your case and thereafter devise a strategy to ensure that you are able to make a successful application. We can advise you about the documentary evidence needed to submit the application, help with the collation of relevant documentation, complete your application and submit this along with supporting representations to the UKVI.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation.