A primary carer (i.e. a person who is the main or only carer for somebody) and the person who is cared for may be able, under some circumstances, to acquire leave under European law under the principle of “derivative rights” and apply for Derivative Residence Card. The carer must be a close relative or legal guardian of the person who is cared for.
Settled Status in the UK refers to the immigration status granted to eligible EU, EEA, and Swiss citizens, as well as their family members, who were living in the UK before the end of the Brexit transition period (December 31, 2020). It allows individuals to continue living and working in the UK without any immigration restrictions. Settled Status is part of the UK government’s EU Settlement Scheme, which was introduced to protect the rights of EU citizens and their family members residing in the UK after Brexit. Once granted Settled Status, individuals are granted the right to stay indefinitely in the UK and enjoy various benefits and services.
This is a complex area of law and it covers people in various different situations.
For example, a non-EEA national marries an EEA national and they have a child together in the UK. The marriage subsequently breaks down and the EEA national leaves the UK and the non-EEA national is left as the primary carer of the child. In this situation, both the child and the non-EEA national might be able to acquire leave in the UK under European law under derivative rights principles.
Derivative Residence Card – General Overview
The non-EEA national might be able to acquire leave under European law derivative rights principles if they could show that there would be nobody else in the UK to look after the child, and so the child would not be able to continue to live in the UK if the non-EEA national had to leave the UK.
There are also circumstances where derivative rights can be acquired when a primary carer cares for an adult.
Derivative right of residence is acquired as a matter of fact. In a similar way as with a standard EEA Residence Card for direct family members, it is not required by law to hold a document to confirm that right. For people with derivative rights of residence, it may, nonetheless, be useful to apply for a derivative residence card to hold it as a confirmation of their right. This may help to show their:
- right to reside in the UK
- right to enter or re-enter the UK entitlement to take up employment in the UK
- right to rent in the UK
Indefinite Leave to Remain
Indefinite Leave to Remain (ILR) in the UK is an immigration status that grants an individual the right to live and work in the country without any time restrictions. ILR is also known as settlement or permanent residency. It allows individuals to stay in the UK for an indefinite period and provides them with a wide range of benefits, such as access to public funds, healthcare, and education.
It signifies a level of integration into British society and demonstrates a long-term commitment to the country. ILR holders have the option to apply for British citizenship after meeting additional requirements.
Spouse visa
A spouse visa in the UK, also known as a spouse visa / partner visa, is a type of visa that allows an individual to join their spouse or partner who is a British citizen or settled person in the UK. This visa category falls under the Family route of the UK immigration system.