Derivative Rights of Residence

Derivative Rights of Residence arise under the Immigration (European Economic Area) Regulations 2016. These rights apply to individuals who do not qualify for a right of residence under the Free Movement Directive (Directive 2004/38/EC) but may still be eligible to reside in the UK through other provisions of EU law. They are called “derivative rights” because the right to reside is derived from another person’s rights under EU law, rather than from the Free Movement Directive itself.

The most well-known example is the Zambrano carer — a non-EU national who is the primary carer of a British citizen child (or another person with a right of residence) and would have to leave the UK if they were refused leave, thereby forcing the British citizen to leave with them. This is known as the Zambrano principle, established by the Court of Justice of the European Union.

Other derivative rights categories include carers of self-sufficient EU citizen children, and children of former EU citizen workers who are in education in the UK.

Applying under derivative rights requires careful and precise legal analysis. You must show that your removal from the UK would effectively compel the British or EU citizen to leave the UK too, and that this would deprive them of the genuine enjoyment of their rights.

These applications are legally technical and are often refused by the Home Office when the evidence has not been properly presented. A well-prepared application is essential.

Our team at Terence Ray Solicitors has experience in derivative rights cases and can assess whether you qualify, prepare your evidence, and submit a compelling application on your behalf.

Contact us on 020 3367 1430 or email info@trsolicitors.co.uk.