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For our eyes only - in case derivative needs changing back again.
EEA nationals and family members whose right to reside is only though a "derivative right  (ie through being the primary carer of an EEA national child in education - sometimes known as Ibrahim/ Texeira rights) will not be able to apply for 'settled status' under the EU Settlement scheme unless they can also show 5 years' residence as an EU national, or a family member of an EU national with right to reside.
However 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 EEA 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".
This was confirmed in a Parliamentary report.

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 also 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 stated:
"...provision will be made for them elsewhere in the Immigration Rules to apply for leave to remain in line with their current rights."

It is all very confusing at the moment
.





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