An individual may qualify for another right of residence under EU law, if he or she does not qualify for a right of residence under the free movement directive of 2004/38/EC. These rights are known as ‘derivative rights’ because they are derived from the EU law and not from the directive. An individual has a right to live and work in the UK once he or she qualifies for or continues to qualify for a derivative right of residence. The purpose of acquiring permanent residence in the UK cannot be acknowledged based on time spent in the UK with a derivative right of residence, that is, an individual cannot acquire permanent residence on this basis if he or she has a derivative right of residence. As long as that individual qualifies for this right, he or she will only continue to have that right of residence. The application form DRF1 is used for the application process of derivative residence card which is made to the Home Office. The application for derivative residence card will be processed by the Home Office within 6 months of receiving the application.
One of the following categories decides which individuals may qualify for a derivative right of residence and they are: