In addition to the option of appealing, you can also consider the option of applying for a derivate residence card on the basis of your role as the primary carer of your British son. An application under this option can be made inside the UK. However, you can’t get a derivative residence card if you have permission to reside in the UK. As you no longer have leave to enter, you may apply now. Your British son whom you care for must be in the situation that he would be unable to reside in the UK if you were required to leave.
A derivative residence card helps prove you have the right to live and work in the UK. You’re eligible if you’re living in the UK and you’re the primary carer of your British son. Being a ‘primary carer’ means you’re someone’s main carer. In theory you don’t actually have to get a derivative residence card, but it can:
help you re-enter the country quicker when you come back from abroad;
show employers you’re allowed to work in the UK;
show relevant authorities (eg your local council) that you’re allowed to live in the UK.
You can continue living in the UK for as long as you’re eligible, eg for as long the person you’re caring for lives in the UK. However, please note that you can’t count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK. This means you cannot acquire permanent residence on the basis of derivative right of residence.
When you apply for a derivative residence card you will need to provide:
Your current passport;
2 passport size colour photographs of yourself;
Your British son’s birth certificate;
Your British son’s passport size colour photograph x1;
Your son’s British Citizen passport and if available, certificate of registration as British citizen;
Your son’s school letters/reports, NHS letters, local education authority letters and if any, social services letters and other evidence of caring responsibilities;
Your most recent 6 months bank statements;
Your divorce certificate and evidence of custodial right of your son;
Two recent utility bills in your name with your current address;
Any other relevant information as may be advised.
The Home Office fee (DRF1 Zambrano category) for a derivative residence card is £65 in addition to £19.20 for a biometric enrolment processing fee. We only charge a one off legal fee of £720 inclusive of Vat. If you choose this route, you do not need to appeal the Home Office’s recent decision that refused your FLR application.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222