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Derivative rights of residence under EU law

This page explains how some non-EEA nationals may be able to claim a right of residence in the UK under European Union law - known as 'derivative rights of residence'.

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) other instruments of EU law, not from the directive.

For more information on how a person can apply for a document confirming a derivative right of residence (known as a 'derivative residence card'), visit the UKBA Website.

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 ('Zambrano' cases)         https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/zambrano.pdf" target="_blank">https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/zambrano.pdf

• 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 free movement rights ('Chen'cases);    https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/chen.pdf" target="_blank">https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/chen.pdf

• as the child of an EEA national worker/former worker where that child is in education in the UK ('Ibrahim and Teixeira' cases);https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/ibrahim_and_teixeira.pdf" target="_blank"> https://contact-ukba.homeoffice.gov.uk/sitecontent/documents     ; /policyandlaw/ecis/ecg/ibrahim_and_teixeira.pdf   

• 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 ('Ibrahim and Teixeira' cases); 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.

A person who is claiming a derivative right of residence in a category above must meet the relevant conditions set out in the Immigration (European Economic Area) Regulations 2006 (as amended) to qualify for this right.

What are derivative rights?

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.

A person with a derivative right of residence can apply for a document confirming this right. This is known as a 'derivative residence card'. For more information, see the Derivative residence documents on the UKBA Website page.

Permanent residence

Time spent in the UK with a derivative right of residence does not count as residence for the purpose of acquiring permanent residence in the UK. If you have a derivative right of residence you cannot acquire permanent residence on this basis. You will only continue to have that right of residence for as long as you qualify for that right.

For example, if you have a derivative right of residence as the primary carer of a child of an EEA national where the child is in education in the UK, you will only continue to have a right of residence for as long as the child is still in education and continues to need you to be present in the UK to be able to continue their education.

Further information

For more information on derivative rights of residence under EU law, see the UKBA Website page.