EEA Nationals and Their Family Members
EEA Nationals, Application Forms: Derivative Residence Card: In my previous videos I’ve given you an overview of the applications forms, which EEA nationals and their family members can use when making their application. I also explained why, when, how you can apply for a EEA family permit, a Registration Certificate as a Qualified Person and, Registration Certificate or Residence Card as a Direct Family Member and Extended Family Member.
Today’s blog post and video are about Derivative Residence Cards.
Who Can Apply?
Derivative right of residence is a complex and confusing area of EU law. I, therefore, created a special video explaining this particular category. In this video, I’ll only give you a summary. If you believe you may fall under any of the subcategories, which I’ll mention, then you may check my channel. I’ve created a special video, where I explain what derivative right of residence means.
As the legal term ‘derivative’ suggests – it is derived from someone else’s rights. This category is always about children and their primary carers. There are three major case scenarios:
- people may acquire a derivative right of residence in the UK as the primary carer of a: a) British citizen
- b) self-sufficient EEA national child (self-sufficient means that they will be able to support themselves and their carers without claiming UK benefits)
- c) a child of an EEA national worker where that child is in education in the UK;
- the second case scenario is for dependent children of a primary carer in one of the categories, which I’ve just mentioned
And the final, 3rd case scenario is for
- children of EEA national workers who are in education in the UK (remember, before we had primary carers of children of EEA national worker and now we have children themselves who can claim a derivative right of residence in the UK).
What are the Requirements for Issuing a Derivative Residence Card?
There are only two requirements:
- You need to prove that you belong to one of the above categories;
- And provide sufficient evidence to confirm this.
What is the Procedure for Making a Derivative Residence Card Application and How Much Does It Cost?
From 1 February 2017, applications for documentation made under the 2016 regulations must:
- be made online or by post or in person using the specified application form. The form to use is: DRF1
- pay the fee, which is £65.
- be accompanied or joined by the evidence or proof required by the regulations within the specified time
- be complete
- in the case of applications for a derivative residence there is one more requirement: you must be in the UK when submitting it. If you are outside the UK and believe that you have a derivative right of residence, then you should make an application for a family permit. Once it is granted and you are in the UK, you should make an in-country application for a derivative right of residence in the UK before the expiry of your family permit.
When Will It be Granted and How Long is It Valid For?
Within a period between 17 and 28 days, you should get a letter: a certificate of application (COA). This is a document confirming that you have submitted an application and that it will be considered as soon as possible. However, it is important to note here that derivative right of residence applications do not fall under the 6-month rule. So, in theory, the consideration process may take much longer than 6 months.
From 6 April 2015, a non-EEA national applying for a derivative residence card will have to enrol their biometrics. This is to get a document confirming their right to reside in the UK under European Union (EU) law.
Derivative residence cards will usually be valid for a period of 5 years. In certain circumstances, the UKVI may issue it for a shorter period of time. It all depends on the individual facts of the case.
For example, if a primary carer is claiming a derivative right of residence for their child who is due to reach the age of 18 in 3 years time. At that point they will cease to have a derivative right to reside, the document will only be valid for 3 years.
And finally, if you want to get a UK visa of any type, you need to understand the rules of the game. You also need to understand how to apply them correctly. UKVisaSuccess.com online courses help you do exactly that. After watching the course you need, you’ll dramatically reduce the chances of refusal of your visa application. It is because you’ll understand the application process and the requirements.