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Our eyes only- just in case they change it back again

But non EEA nationals whose right to reside is only through a derivative right will not be able to apply for 'settled status' under the EU Settlement scheme*- see below. However it appears they will have their rights to benefits protected while they keep their derivative right: according to the Statement of Intent:

"The ..derivative residence rights of primary carers (of EU national children in education) will be protected for as long as the child requires the primary carer's presence to continue or complete their education".

We assume what this means is that once they lose the derivative right, eg when the child leaves education they will lose their right to claim benefits.

However it appears that, while they have the derivative right,  they will be able to apply for an immigration  status that might allow them to claim benefits: a government statement on May 16th 2018 stated:
"...provision will be made for them elsewhere in the Immigration Rules to apply for leave to remain in line with their current rights."


* From a Parliamentary report
... Ibrahim & Teixeira Rights

Children of former EU citizen or UK national workers who are in education in the UK or the EU will be able to remain to complete their education (Ibrahim & Teixeira rights). The associated derivative residence rights of their primary carers will be protected for as long as the child requires the primary carer’s presence to continue or complete their education.

Some of these persons.... will be EU citizens eligible to apply for status under the settlement scheme. Otherwise,(ie not themselves EU nationals) provision will be made for them elsewhere in the Immigration Rules to apply for leave to remain in line with their current rights. As their current rights do not lead to a right of permanent residence under EU law, they will not be able to apply on the basis of those rights for status under the settlement scheme.

After any leave to remain granted on the basis of ... Ibrahim and Teixeira status expires, and if the person does not qualify for further leave on that basis, they may wish to apply to remain in the UK on an alternative basis, if they meet the requirements of another category of the Immigration Rules.






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'Family Member' - What if.....? DONT UNDERSTAND

What if the family member is also an EEA national ?

A family member of an EEA national (or British Citizen) resident in the UK, who is themselves an EEA national, will normally be able to rely on their own continuity of residence to apply for settled status. Otherwise they will need to rely on their EEA national relative's status.
They won't normally need to provide evidence of their family relationship to that person. 

But they will need to provide evidence if, for example, they are relying on that relationship with less than 5 years' continuous residence, or they are relying on a retained right of residence after that relationship has ended. For details go to "Can an EEA national be eligible for Settled Status with less than 5 years' continuous residence?" on this page. "


What if the family member is a non EEA national?

Where the family member is not an EEA national themself, and they don't have their own permanent residence status, (or don't have proof of it), the Home Office will check HMRC and DWP records, and - where necessary - other documentary evidence, to establish whether they do qualify as a family member of an EEA national (see below).  They will also need to provide evidence of their relationship to the EEA relative for the period in question and will, we understand,be required to provide proof of their relative's status even though they already have documentary proof from the EEA national!

Where the family member is an unmarried partner (in a durable relationship) or a dependent relative, they will also need to have obtained a 'relevant document' before applying to the scheme. This means a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before 1 January 2021. The 'statement of changes to the Immigration rules' state that if a durable partner or dependent relative has an expired relevant document it will not stop them relying on the corresponding period of residence, so long as, before it expired, they applied for a further relevant document based on the same family relationship and the document was issued before the settlement scheme application is decided.

 

What if the non EEA national only qualifies to be in the UK under a "derivative right to reside"?

They cannot make an application through the usual route but instead need a paper form from the Home Office  - they need to ring 03001237379. More on derivative rights on this page.

IMPORTANT NOTE

EEA nationals and their family members who will 
not have been granted settled  status by  30th June 2021 will be able to claim UC and some other benefits only if they have a Right to Reside, or - after 31.12.2020 - a status equivalent to Right to Reside, under new regulations.
 
If not protected, an EEA national/family member will not have the right to claim UC and many other benefits.
From 01.07.2021 the protection ends for those with no status but continues for those with pre-settled status so long as they continue to fit the right to reside criteria.
See this page.






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