Updated: Sep 8, 2020
Derivative rights of residence are relevant to applicants who do not qualify for a right of residence under the Free Movement Directive (Directive 2004/38/EC), but may qualify for a right to reside in the UK derived from other EU law. "Derivative rights" applicants can apply to the EU Settlement Scheme under one of the following routes:
Ibrahim & Teixeira
Lounes & Surinder Singh
The Chen route is available to the primary carer of an EEA national self-sufficient child. A derivative right to reside in the UK is available to such a primary carer to ensure the EEA national child is not compelled to leave the UK.
The Ibrahim & Teixeira route is available to the child (and the primary carer of that child) of an EEA national, where the child is in education in the UK and the EEA national has ceased to be a worker in the UK. A derivative right to reside in the UK is available to both so that the child can continue to be educated in the UK.
The Lounes route is available to the family members of an EEA national who had rights under the Free Movement Directive and then subsequently naturalised as a British citizen. This route is available to ensure the dual EEA and British citizen can continue to rely on their EU law rights for family reunion purposes.
The Surinder Singh route can be invoked by the family members of a British citizen who resided with that British citizen while they exercised their rights under the Free Movement Directive in an EEA Member State. This route is available to ensure the British citizen can continue to rely on their EU law rights for family reunion purposes when they return to the UK.
The Zambrano route is available to the primary carer of a British citizen who, without the care provided by the primary carer, would be compelled to leave the UK and the EEA.
The EU Settlement Scheme which allowed Zambrano carers an opportunity to settle was a welcome development. It has transpired however to be disappointing since many refusals have followed on the basis that the Zambrano applicant ought first to have exhausted an application within the UK immigration rules. However, if someone has leave on some other basis under the Immigration Rules, they would not qualify for leave under Appendix EU for leave as a Zambrano carer.
On the other hand, a primary carer of a self-sufficient EU citizen child (Chen child) or the primary carer of the child of an EU citizen who is in education in the UK where requiring the carer to leave the UK will mean the child would not be able to continue their education in the UK (Ibrahim/Teixeira carer) may apply under derivative rights to the EUSS via a paper application form more easily provided adequate evidence is supplied.
The EUSS statistics for June 2020 show there were 3,480 applications received (1,530 concluded) from family members of British citizens (Lounes & Surinder Singh), 2,890 applications received (1,260 concluded) from Zambrano applicants, 700 applications received (60 concluded) from Chen applicants and 130 applications received (20 concluded) from Ibrahim & Teixeira applicants.
Concluded applications from Zambrano applications had a much higher proportion of refused outcomes (61%) compared to the other derivative right to reside routes and accounted for a quarter (25%) of the 3,060 refusals to the scheme.
Author: Nilmini Roelens