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Eligibility requirements for a derivative right of residence

Derivative Right of Residence is derived from case law and has been introduced as a category in the UK Immigration Regulations in which applicants can apply for leave to remain in the UK. It is also important to remember that certain categories only require people to remain but does not result in permanent leave. In general, applicants are granted permission to live for 5 years or a time that the home office considers suitable.

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Eligibility requirements for a derivative right of residence

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  1. Eligibility requirements for a derivative right of residence

  2. Derivative Right of Residence is derived from case law and has been introduced as a category in the UK Immigration Regulations in which applicants can apply for leave to remain in the UK. It is also important to remember that certain categories only require people to remain but does not result in permanent leave. In general, applicants are granted permission to live for 5 years or a time that the home office considers suitable.

  3. The one who is willing to apply for Retained Right of Residencemust of familiar with the eligibility requirements for a derivative right of residence • People in one of the following categories may qualify for a derivative right of residence: • The primary occupation of a British child resident, or an adult UK dependent resident, may arise in circumstances where the need for the primary caregiver to leave Britain may cause the British citizen to leave the EEA. • As a self-sufficient adult, the primary caregiver of an EEA national child or children who exercise free movement rights in the UK were forcing the primary caregiver to leave the UK will prohibit the EEA national child from exercising those free movement rights. • The primary caregiver of a child of an EEA national worker in which that child is educated in the UK and where the primary caregiver is forced to leave the UK will prohibit the child from continuing education in the UK.

  4. Under the 2016 Immigration Regulations, some EEA family members or Swiss nationals who exercise their right to free movement in the United Kingdom may be permitted to enter or accompany the person to Britain. It involves, but is not limited to when the EEA or Swiss national supporter dies or leaves the UK or divorces the parties. Under the legislation, Swiss nationals are included in the classification of EEA nationals, whereby their family members are regarded as being EEA nationals' family members. The retained right of residency ensures that eligible family members will continue to live lawfully in the UK without their national EEA sponsor. An adult who applies for this right, however, does so solely on a personal basis, and may thus not be the sponsor of another family member.

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