A Derivative Residence Card can be applied for, to reside in the UK if the applicant is:

  • A primary carer of a person who has the right to live in the UK
  • A child of a primary carer
  • A child of a former EEA worker and is studying in school, college or university in the UK

A person is considered a “Primary Carer” if they either have sole or shared responsibility of caring for a direct relative (listed below) or are a legal guardian of another person (listed below).

For this purpose, direct relatives are:

  • Parents
  • Grandparents
  • Spouses or civil partners
  • Children (including adopted children but not step-children)
  • Grandchildren

For this purpose, the applicant must be a legal guardian of:

  • A British child who would have to leave the EEA if the applicant left the UK
  • A British dependent adult who would have to leave the EEA if the applicant left the UK
  • A self-sufficient EEA child who is financially independent with full health insurance

The following condition must be met to apply as a child of a primary carer:

  • The child must be under 18 years old
  • The parent/primary carer must be eligible for a derivative residence card
  • The parent/primary carer would be unable to continue living in the UK if the child was required to leave the UK

It is not mandatory to apply for a derivative residence card; although it surely helps in:

  • Re-entering the UK if travelling abroad
  • Finding and retaining employment
  • Getting benefits and support