EEA family permit: derivative right of residence


 

The EEA family permit is ending on 30 June 2021. They will not be valid after then, and you will not be able to apply. You can apply for a family permit if you have a ‘derivative right of residence’ as the:

  • primary carer of an EU, EEA or Swiss child in the UK who is financially independent (‘self-sufficient’)
  • child of an EU, EEA or Swiss former worker and you’re currently in education in the UK
  • primary carer of a child of an EU, EEA or Swiss former worker and the child is currently in education in the UK
  • primary carer of a British child who is residing in the UK and would be forced to leave if their primary carer wasn’t in the UK
  • primary carer of a British dependent adult who is residing in the UK and would be forced to leave if their primary carer wasn’t in the UK
  • child of a primary carer who qualifies through one of these categories

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

As a ‘primary carer’, you have responsibility for the day to day care of a person, including making decisions about their education, health, and finances. You must be a family member or their legal guardian, and can be their main carer or share that responsibility with someone else. Find out more about derivative rights of residence.

You will need to provide evidence proving:

  • your eligibility
  • your family member’s eligibility
  • your relationship

You will also need to provide information about the person you care for, including proof:

  • that they are dependent on you, and were before 1 January 2021, such as court orders or details of care responsibilities
  • that they’re living in the UK, such as tenancy agreements, utility bills or bank statements
  • that children who are EU, EEA or Swiss citizens are financially independent (‘self-sufficient’) and have full health insurance (‘comprehensive sickness insurance’) in the UK

You may also need to provide extra evidence depending on how you are claiming your derivative right of residence.

Children of an EU, EEA or Swiss citizens who used to work in the UK

You must show that:

  • you are in education in the UK, for example a letter from the school
  • you were in the UK when your EU, EEA or Swiss parent was working in the UK
  • you were in education in the UK at a time when your EU, EEA or Swiss parent was also present in the UK
  • You will need to provide a certified translation of any documents that are not in English or Welsh.

You must apply online for an EEA family permit. You must be outside the UK to apply.

How We Can Help

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to human rights applicants as part of a professional and friendly service. We take your instructions, understand your requirements, collect all the necessary evidence, complete your application and submit it to the Home Office (UKVI) for consideration. Please contact us by phone on 01202 925737 or email office@arukvisa.co.uk or complete our contact form.