A person who does not qualify for a right of residence under the free movement directive (Directive 2004/38/EC) may qualify for another right of residence under EU law. These are known as 'derivative rights' because they come from (are 'derived' from) EU law, not from the directive. A person who qualifies for a derivative right of residence has a right to live and work in the UK for as long as they continue to qualify for this right.

How To Apply For Derivative Right Of Residence?

Application for Derivative Residence Card is made to the Home Office using application form DRF1. The Home Office will process the application for derivative residence card within 6 months from the date of receipt of the application.

Types Of Derivative Rights Of Residence

A person may qualify for a derivative right of residence in one of the following categories:

  • as the primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the EEA;
  • as the primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those the free movement rights;
  • as the child of an EEA national worker/former worker where that child is in education in the UK;
  • as the primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK; or
  • as the dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them.

How Can We Help?

As your legal representatives, our EU law solicitors can represent you in your application for derivative right of residence and carry out all the work on your leave to remain application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your derivative right of residence, the immigration casework to be carried out by our EU law solicitors will include the following:

  • Assessing your eligibility for derivative right of residence by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your application for derivative right of residence;
  • Advising you on the relevant documents to be submitted in support of your application for derivative right of residence;
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
  • Completing and submitting the online application form to apply for derivative right of residence by gathering all the relevant information from you;
  • Booking your appointment with the application centre for enrolment of biometrics;
  • Preparing a detailed cover letter to introduce and support your application;
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
  • Liaising with the Home Office UKVI for a timely decision on your application.

Our Fee For derivative Right Of Residence Application

Unless your matter is very complicated, our fixed fees for derivative right of residence application are as given in the fee table below:

Our Service Our Fee
One-off immigration consultation/advice for derivative right of residence application £80 (inclusive of VAT)
One-Off leave to remain Application Checking Service / Documents Assessment £240 (inclusive of VAT)
Full service for derivative right of residence application to  cover all the work until decision by the Home Office UKVI From £1,000 + VAT To £2,000 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the derivative right of residence application.