Derivative residence card

[daddy]

Does it mean that Derivative Residence card issued under Chen case applications would now allow the holder to work in UK, following the current EEA regulation 2012?

Please, could someone explain.
Thanks.

[daddy]

Any ideas?

[Jambo]

I would think that bringing Chen cases under the EEA immigration regulations still doesn't change the HO view that the rights derived are just to reside in order to care for the EEA national minor and as such will not allow employment.

[Obie]

You may well be right Jambo, but the regulation does not state so.

The derivative residence card as it is called, applies to different beneficiaries, some of whom clearly has a right to access to the labour market according to the CJEU jurisprudence. It will clearly be wrong for the UK to refuse them such righy. I will hate to believe they have intention of doing so.

Then again they could add a clause to the D Residence Card for Chen Beneficiaries stating "Employment Prohibited". The legality of such move is questionable, as it is clearly not sanctioned by legislation.

When parliament defined the Derivative Residence card, it certainly did not make provision for different category to have different entitlement. By adding or subtracting rights, you essentially change the definition of the card.

The clear and only difference between the Derivative and normal residence card at present, is that the later leads to Permanent Residence Status whiles the former doesn't.

It is a good question daddy, to which there is no clear answer yet. We simply have to wait an see.