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DERIVATIVE RESIDENCE CARD

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.

TYPES OF DERIVATIVE RIGHTS OF RESIDENCE

One of the following categories decides which individuals may qualify for a derivative right of residence and they are:

  • As a primary caretaker of a British citizen's child or dependent adult, the British citizen will be forced to leave the EEA where it is required for the caretaker to leave the UK
  • As the caretaker of an EEA national child who is exercising free movement rights in the UK as a self-sufficient individual, the EEA national may be prevented from exercising those rights in the situation where it is required for the caretaker to leave the UK. As a child in the UK education system and as the child of an EEA national worker or former worker. As the primary caretaker of a child in the UK education system and the child of an EEA national worker or former worker, the child may be prevented from continuing their education in the UK if the primary caretaker is required to leave the UK.
  • As a dependent child of a primary caretaker under 18 years of age; the caretaker will be forced to leave the UK where it is required for the dependent child to leave the UK.

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