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Rights of an EEA national child in education

A 16 or 17 year old can claim Universal Credit in their own right in certain circumstances where they have no parent (or person acting as their parent) or where there are valid reasons why they cannot live with their parent. Click here for more information.


But as an EEA National they will also have to have a "right to reside".

A young person in non-advanced education has the right to reside in the UK (and thereby can claim HB) if they:
  • Have permanent right of residence, or 
  • Are the family member of an EEA national, or 
  • Have "derivative rights" as a child/young person in education in the UK AND they are the child (or legal step-child) of an EEA national who has worked (not self employed) in the UK while they were both in the UK for "some common period" (not defined).

Derivative rights

Where the young person is the child (or legal step-child) of an EEA national, under Regulation 16 (3) of the Immigration  (European Economic Area) Regulations 2016 , they will have a derivative right to reside if they had lived in the UK for some common period while either of their parents (or legal step-parent) was an EEA national working (but not self employed) in the UK, and if they are currently in non-advanced education.

Note that although these regulations do not specify that the child has to be under 18 - as is the case with the primary carer's derivative rights under 16(2) - they might be refused post 18 because of the Texeira v LB Lambeth caselaw (see "What if the child is still in education post 18?) above.






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