Derivative Right of Residence and UK Visa

A derivative right of residence can allow you to stay in the United Kingdom if you are the primary guardian or carer to a child belonging to the European Economic Area or any other child who is rightfully living in the territory of UK. You can be a relative or a guardian. The derivative right of residence gives to the right to live in UK if your are the primary guardian to the child. You can explore some other conditions in which you can be provided the right.

As per the derivative right of residence, you will also get the right to stay in UK if you are the child of the primary guardian. Children of the primary carers also have the derivative right of residence.

Further you can also apply for this right if any one of your parents have been workers in the European Economic Area. The right provides you with the provision of staying the UK if you are the primary carer of a financially independent child in UK or any child who, by any means has the right to live in the territory.

You can also avail this right under the right to derivative residence if you are the child of a former worker of European Economic Area and you’re currently enrolled in an educational institute in UK.

To avail this right, once can also be the primary guardian of a British child or a British dependent adult.

The Derivative right of residence hugely dependence on the guardian status. However the legal definition of the “primary carer” or a guardian includes certain technicalities. The primary carer has certain day to day responsibilities. The responsibilities accruing out of such an arrangement include taking the routine care of a person, making decisions about their education, health, and finances.

It is also necessary that the carer is a family member or the legal guardian. The primary carer may however share the responsibility with someone.

There are certain modalities involved in the application process for the derivative right of residence. The applicant is required to provide information about the person they will care for, including substantive proof of the dependence. This could include court orders or a detailed document showing details of care responsibilities.

The applicant will also have to show that the person they will care for, is living in the UK, eg tenancy agreements, utility bills or bank statements.

The applicant will further be provided to establish that the children who are EEA nationals are financially independent and have full health insurance in the UK.