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