EEA derivative rights
This page covers the whole of the UK
Contents:
Who does this page apply to?
The law about the rights of a non-EEA national carer to live, work and have access to housing and benefits changed on 1 January 2021 when the Brexit transition period ended. You have the rights described on this page only if:
- you are a non-EEA national who is the primary carer of child or dependent adult
- the child or adult dependent you care for is either:
- a child in education whose parent was at some time on or before 31 December 2020 an EEA worker or self-employed person, or
- a self-sufficient child who is an EEA citizen, or
- a British child or British dependent relative
- your relationship as their primary carer began on or before 31 December 2020
- you made an on-time application to the EU Settlement Scheme (EUSS), and either:
- you have been granted EU pre-settled status, or
- you are waiting for a decision about your EUSS application.
If all of these apply to you and you have one of the derivative rights to reside as an EEA national, this page (or the page for Zambrano carers) applies to you. It describes your rights to housing and benefits until you get EU settled status or your EUSS application is decided.
What are derivative rights to reside?
Derivative rights to reside are legal rights that allow certain non-EEA citizens to live in the UK based on their relationship to a child or dependent adult. These rights originate from EU law and generally protect the right of a primary caregiver to remain in the country so that the child or dependent adult can exercise their own rights.
If you were exercising one of these rights on or before 31 December 2020 you could apply to the EU Settlement Scheme in the same way as an EU citizen but only if you made your application on time.
Unlike other kinds of EEA rights to reside (as a worker/self-employed person, self-sufficient person or student) derivative rights cannot be used to acquire EEA rights to permanent residence (although after five years' residence you will usually acquire EU settled status).
The different kinds of derivative rights
In UK immigration law, there are three different kinds of derivative rights. These are often referred to by the names of the European court judgments that first established them:
- Ibrahim and Teixeira rights: protect the child of a former EEA worker who is currently in primary or secondary education in the UK, as well as the child’s primary carer.
- Chen rights: protect the primary carer of a self-sufficient child who is an EEA citizen.
- Zambrano rights: protect the primary carer of a dependent British citizen (usually a child). It prevents the British child or dependent adult from effectively being stripped of their citizen rights that would result from their carer being forced to leave the UK. Zambrano rights are covered on the new arrivals page for British family members.
Although these rights were established by the courts the basic conditions under which each right occurs have since been set out in UK legislation – you can find out more about this on our adviser’s pages for EEA family members (Ibrahim/Teixeira and Chen rights) and Zambrano carers.
Who is a primary carer?
For each of the derivative rights above you are the primary carer of the child/adult dependent if:
- you are their direct relative or legal guardian, and either:
- you have primary responsibility for their care, or
- you share care jointly with another person.
Are you the primary carer of an EEA worker’s child in education (Ibrahim/Teixeira rights)?
You are a person who has an ‘Ibrahim/Teixeira’ right to reside if:
- you are the parent of a self-sufficient EEA national child
- at any time on or before 31 December 2020 the child has resided with either one of their parents when that parent was an EEA worker or self-employed person
- the child is in compulsory education
- the child could not continue in their education if you were to leave the UK (or if you share the care with another person, if you were both to leave), and
- disregarding your EU pre-settled status, you do not have any other kind of right to reside.
The EEA national parent needs only to have been a worker at a time when the child was resident here. It is not necessary that the child had started their education at the time when their parent was an EEA worker nor is it necessary that either you or the child is self-sufficient.
The child you care for has the right to reside until they finish their education, and you (the parent with care) also have the right to reside.
Are you the primary carer of a self-sufficient EEA child (Chen rights)?
You are a person who has a ‘Chen’ right to reside if:
- you are the carer of an EEA national child
- the EEA national child you care for must be self-sufficient
- the child must be registered with a GP/health centre for NHS treatment
- the child would be unable to live in the UK if you (the primary carer) were to leave (or if you share care with another person, if you were both to leave), and
- disregarding your EU pre-settled status, you do not have any other kind of right to reside. (e.g. as British citizen or as an EEA worker).
The child you care for is considered self-sufficient if you are employed, or self-employed or have other income (such as a pension). The child might be considered as not self-sufficient if your only income is universal credit or if you apply for homelessness assistance (in which case see our advisers page about this) but you should not be refused if you apply for housing from the local authority/Housing Executive.
What are your rights to housing and benefits?
If this page applies to you, and you have either ‘Ibrahim/Teixeira’ or a ‘Chen’ right to reside, your rights to housing and benefits are as follows:
- you are eligible for universal credit, state pension credit or housing benefit provided you are also habitually resident
- you are eligible for housing or homelessness assistance:
- in Scotland, without further conditions, or
- in England, Wales and Northern Ireland, provided you are also habitually resident.
If your right to reside is as a Zambrano carer, different rules apply.
See also:
