You must apply for a residence card if you’re the ‘extended’ family member of an EEA national and want to stay in the UK after your EEA family permit has expired.
Derivative rights of residence
You can apply for an EEA family permit if you have a ‘derivative right of residence’ as the:
• primary carer of an EEA child in the UK who is financially independent
• child of an EEA former worker and you’re currently in education in the UK
• primary carer of a child of an EEA former worker and the child is currently in education in the UK
• primary carer of a British child
• primary carer of a British dependent adult
• child of a primary carer who qualifies through one of these categories
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.
Retained rights of residence
You can apply for an EEA family permit if you previously had a right to reside in the UK as the family member of an EEA national who either:
• had permanent right of residence in the UK
• was a ‘qualified person’ (a worker, student, self-employed person, self-sufficient person or someone looking for work) in the UK
You could have a retained right of residence if:
• your, or another member of your family’s, marriage or civil partnership to that person has ended (with a divorce, annulment or dissolution)
• that person has died and you had lived in the UK for at least 1 year before they died
• you’re the child of an EEA national who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner, you were in education when that person died or left the UK, and you continue to be in education
• you’re the parent and have custody of a child who has a retained right of residence because they’re in education in the UK
Our team can conduct the eligibility assessment on your case and offer the best advice to prepare and submit the visa application with end to end support. As we are authorized to legally represent your application, we can offer our professional and dedicated services to ensure the success of your visa application.