Q&As

Where a child (non-EEA national) of an EU national is over 21 and wishes to apply for permanent residence card, what evidence of dependency will they be required to submit in support of their application?

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Published on LexisPSL on 18/09/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where a child (non-EEA national) of an EU national is over 21 and wishes to apply for permanent residence card, what evidence of dependency will they be required to submit in support of their application?
  • Essential needs
  • Proof of dependency

Where a child (non-EEA national) of an EU national is over 21 and wishes to apply for permanent residence card, what evidence of dependency will they be required to submit in support of their application?

Practice Note: Family members of EEA nationals: definitions and rights of entry and residence looks at which (EEA and) non-EEA national family members of EEA nationals exercising treaty rights in the UK benefit as of right from EU free movement rights under the Citizens’ Directive 2004/38/EC (‘direct family members’), as transposed in the UK by the Immigration (European Economic Area) Regulations 2016, SI 2016/1052. These include direct descendants who are under 21 or are dependants of the EEA national or their spouse/partner. Practice Note: Permanent residence: acquisition and loss confirms that a direct family member, who has ‘resided legally’ with the EEA national in the UK for a continuous period of five years, will acquire permanent residence. This means that, during the qualifying period, for any time they are 21 or over, a direct descendant will need to be dependent on the EEA national or their spouse or civil partner, and the EEA national must have been exercising treaty rights (eg as a worker) for the whole of the period. Guidance on what constitutes exercising treaty rights is given in the relevant Practice Notes in the subtopic: Rights of residence

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