Chen Children under the EU Settlement Scheme
By Danielle Cohen Immigration Law Solicitor LinkedinDanielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
What is a derivative right to reside?
A non-EU national can have a right to remain in the UK under the EU regulations, if they are a parent of an EU child.
Persons with such a derivative right to reside are often described as ‘Chen’ or ‘Ibrahim/Teixeira’ – named after the CJEU judgments of those names.
What is a Chen carer under regulation 16(2)?
A Chen carer is a primary carer of a self-sufficient EEA national child.
What do I need to prove to be granted a derivative residence card under Chen?
The five stages that must be established in order to be granted a derivative residence card under Chen are:
Stage 1: EEA Citizen child
Assessing whether the child is (or, as the case may be, for the relevant period was) an EEA citizen and under the age of 18.
Stage 2: Self-Sufficiency
Assessing whether the child is (or, as the case may be, for the relevant period was) self sufficient.
Stage 3: Direct relative or legal guardian
Assessing whether the applicant is (or as the case may be, for the relevant period was) a direct relative or legal guardian of the child
Stage 4: Primary carer
Assessing whether the applicant is (or, as the case may be, for the relevant period was) the primary carer of the child
Stage 5: EEA child unable to remain in the UK
Assessing whether the EEA citizen child would be (or, as the case may be, for the relevant period would have been) unable to remain in the UK if the applicant was (or, as the case may be, had been) required to leave the UK for an indefinite period
The applicant must meet these criteria for the whole continuous qualifying period in the UK on which they are relying in order to be eligible as a ‘person with a derivative right to reside’ for the purposes of making an application under the EU Settlement Scheme.
How can I apply for a derivative residence card under Chen?
- It costs £65 per applicant to make an application for a derivative rights residence card.
- The application will need to be submitted using the form DRF1 on the Home Office website.
- You will also need to provide appropriate supporting evidence.
- If your application is refused, you will normally get a full right to appeal. To appeal refusal of your derivative residence card, you will need to lodge the appeal with the Immigration Tribunal.
What rights do I have as a Chen parent?
- The Residence Card on the basis of derivative rights is usually issued for a period of 5 years or until the “sponsor” child turns 18.
- Derivative rights holders are allowed to work in the UK.
- Once the applicant has received derivative residence and has completed a continuous qualifying period of five years they may be eligible to apply for settled status = https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu
To apply to the EU settlement scheme please see the following link.
Our experienced team of lawyers have extensive experience with EEA applications. Contact us today on 020 7267 4133 to speak to us regarding your derivative residence card application. We can help with initial applications, extensions, switching and appeals.