As a non-EEA citizen you are eligible to apply for an EEA Family Permit for joining or accompanying a person with rights of residence in the UK under the Derivative Rights of Residence Route. To be eligible for an EEA family permit under Derivative Rights of Residence are the following:
- You’re the main caregiver of a British child, or a dependent British adult. (‘Zambrano cases’).
- You’re the main caregiver of a self-sufficient and financially independent EEA child. (‘Chen cases’).
- You’re studying in the UK and you’re the child of an existing/former EEA worker in the UK, or you’re the main caregiver of such child. (‘Ibrahim and Teixeira cases’).
- You’re a dependent child younger than 18, of any such main caregivers.
Note: You will not need to take up an EEA Family Permit to re-enter the UK if you have a valid Derivative Residence Card.
How to Qualify for a Derivative Rights of Residence Permit?
You’ll not normally qualify to apply for an EEA family permit related to the Derivative Rights of Residence, just by enjoying the aforementioned relationship with the UK resident here.
Here are listed the qualifying circumstances when you can apply for an EEA Family Member related to Derivative Rights of Residence:
- You’re the main caregiver. You must qualify as a main caregiver. This means that you must be a direct family member (parent, grandparent, spouse/civil partner, adopted or natural child, or grandchild), or otherwise a legal guardian of a dependent sponsor. The care you’ll be offering must be on a daily basis. As such, you’ll have to guide your dependent sponsor and decide regarding their studies, health, finances, travels, social life and similar issues. The dependency that your sponsor has on you must be crucial for their well being. This can be explained in a simple way: if you will leave the UK, they will need to accompany you to the foreign country where you’ll be living.
- You’re a child of a caregiving parent with ‘Derivative Rights of Residence.’ You must be strongly dependent on your parent. If you cannot join them, they would have to leave the UK.
- You’re a child of former EEA worker. Your parent must have either left the UK, or currently lives here but must have stopped being a worker here. You must be currently studying here; your parent must have worked here when you lived here. Additionally, they must have lived here when you’ve started studies here. What’s more, you must not qualify to get a residence card or registration certificate.
- You’re the main carer of a child of a former EEA worker. The dependent child you will take care of must be strongly dependent on you, in that way that would be essential for them to continue studying.
What are the required documents to apply for a Derivative Rights of Residence permit?
There is a list of required evidences you’ll have to provide to confirm your eligibility to obtain an EEA permit of this category.
Here are documents to apply for an EEA Family Permit as a Derivative Rights of Residence case:
- Your current passport. It has to be valid, with at least one blank page.
- Your sponsor’s valid passport/national ID card.
- Two passport-sized colored photographs. Taken in the recent six months.
- Evidence of relationship with the sponsor.
- Certificate of birth/adoption.
- Certificate of marriage/civil partnership.
- Evidence of dependency of UK resident on you.
- Court orders.
- Arrangements of caregiving.
- Evidence that your sponsor lives in the UK. These proofs must display the current living address of the sponsor in here.
- Rental agreement.
- Utility bills.
- Bank statements.
- Formal letter send to them by post.
- Evidence that your sponsor is financially independent and has a full health insurance. (If your sponsor is an EEA citizen child).
- Fully covered health insurance.
- Bank statements showing enough available money.
- Evidence to provide if you’re a child of an EEA worker.
- Evidence that you are studying in the UK.
- Letter from your education provider in the UK. It must show you were studying there while your EEA parent was employer in the UK.
- Evidence that your EEA parent was/is a worker in the UK.
- Your parent’s rental agreements, their bank statements, or their pay lips for the employment period.
- Letter issued by your EEA parent’s employer. It has to show details of your parent’s employment history.