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Please I want to know,is a child above 21 years a direct descendant or not. Again what documents does a child above 21 should submit as a family member when applying for EEA family permit.Is there any advantage when the child holds a residence permit in an EEA country.Thank you.

kwamena bilson
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    This is to vague to give a reasonable answer. The citizenship of the child and parents is needed. Also the country where the application is being made is needed. Is the child financialy dependent upon the parents? – Mark Johnson Sep 03 '19 at 15:28
  • The typical cut-off is 21. For example, for the U.K. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/779784/free-movement-rights-direct-family-members-of-EEA-nationals-v7.0ext.pdf#page6 and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/790935/extended-family-members-v7.0.pdf#page8 – Traveller Sep 03 '19 at 16:18
  • @MarkJohnson since the question mentions EEA family permit, we can assume that the adult child is a citizen of a non-EU, non-Schengen country and that at least one of the parents is an EU citizen. If that parent is a citizen of the UK, there will be the question of whether he or she has lived elsewhere in the EU or Schengen area under conditions that qualify for the Surinder Singh route. – phoog Sep 03 '19 at 16:24
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    @phoog all of which shold be stated in the question to give a reasonable answer. Assumptions is one thing, facts are another. Facts are needed to give a reliable answer, not assumptions. – Mark Johnson Sep 03 '19 at 16:30
  • @MarkJohnson I agree that it should be stated in the question, but I prefer to take what I can from vague questions and answer them. It seems to be more helpful to people who come here with good intentions but just haven't had much practice asking good questions. For users who do intend to return to the site and use the information offered, it seems more likely that they would respond to correct a poor assumption in an answer than to a comment demanding more information than is strictly needed (for example, it does not matter if the applicant is from Rwanda or Vietnam). – phoog Sep 03 '19 at 16:41
  • Yea is my junior brother, our mother is a Ghanian and out father a Spanish citizen we all have Spanish residence permit and wants to move to the UK wit our father but we are over 21 and we live in the same house and our father provides everything since we are not working. – kwamena bilson Sep 03 '19 at 16:45

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Note that all of this is subject to imminent change. It may not apply after 23:00 London time on October 31, 2019. If you travel to the UK after that date, be sure to check.

What documents does a child above 21 should submit as a family member when applying for EEA family permit?

You want to know whether a 23-year-old child can qualify as a "family member" under the Immigration (European Economic Area) Regulations 2016, as amended. The answer is maybe, but it will probably be difficult to prove to the UK's satisfaction.

Regulation 7 begins thus:

“Family member”

7.—(1) In these Regulations, “family member” means, in relation to a person (“A”)—

(a) [not relevant] (b) A’s direct descendants, or the direct descendants of A’s spouse or civil partner who are either—

(i) aged under 21; or (ii) dependants of A, or of A’s spouse or civil partner;

This means that the child must be two things. One of those things is a direct descendant. The child is definitely a direct descendant; that is inherent in the definitions of "direct descendant" and "child."

In addition to being a direct descendant, the child must also be either under 21 or a dependent of the EEA national parent or of the EEA national parent's spouse or civil partner (regardless of whether that person is the child's other parent).

So, for a successful EEA family permit application for this 23-year-old, one of the things you'll have to prove is that he or she meets this dependency requirement.

The documents required to prove this may be found in the section Qualifying conditions: stage 4 of the guidance document Free Movement Rights: direct family members of European Economic Area (EEA) nationals (pdf) (thanks to Traveller for the link). I won't reproduce the whole section here, but you should definitely read it. The most relevant part is

Proof of dependency

The applicant must provide proof of their dependency. This can include:

  • bank or building society statements
  • evidence of money transfers
  • evidence of living in the same household if applicable
  • other evidence to show their EEA national sponsor has enough money to support them and the applicant is reliant on them for this

These are illustrative examples and other documentation may be provided which satisfies this requirement.

You ask:

Is there any advantage when the child holds a residence permit in an EEA country?

There may be. If the residence permit in the other EEA country is a so-called "article 10 card" (or article 20 card) then the child does not need an EEA family permit at all. See Guidance: Entering the UK as the holder of an Article 10 residence card for more information.

phoog
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  • where in the question is it stated that the UK is one of the country's in question? – Mark Johnson Sep 03 '19 at 16:38
  • @MarkJohnson the UK is the only country that issues a document called "EEA family permit." Schengen countries just issue type-C short-stay visas, as do, I suppose, the Schengen candidate countries (Bulgaria, Romania, etc.). Ireland also, perhaps surprisingly, simply issues a short-stay type C visa. But the UK decided for some reason to issue a different document that isn't called a "visa" despite the fact that it functions effectively like a visa. This makes sense, actually, under the logic behind the EU law. – phoog Sep 03 '19 at 16:47
  • The residence permit was issue with my fathers name before he became a Spanish citizen, so is it article 10 or 20 permit. – kwamena bilson Sep 03 '19 at 16:59
  • @phoog that is not correct. They recieve a residence permit (D-Visa) as a third country family member of a EEA citizen (in German EWR). A residence permit is always treated as a D-Visa. https://de.m.wikipedia.org/wiki/Aufenthaltskarte_(Deutschland) – Mark Johnson Sep 03 '19 at 17:12
  • @kwamenabilson if the card was issued because of your relationship to your father, it would only be an article 10 or 20 card if it was issued after your father became a Spanish citizen. To qualify, it must state "familiar de ciudadano de la Unión." See http://extranjeros.mitramiss.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja103/index.html – phoog Sep 03 '19 at 17:12
  • @kwamenabilson please incorporate your situation details into your question. The details are important. – Mark Johnson Sep 03 '19 at 17:21
  • @MarkJohnson an Aufenhaltskarte may be treated as a D visa, but the card is issued after arrival, and it is not a D visa. The actual visa that is issued to someone by Germany before traveling there under the directive is a short-stay C visa. Here's the application form (pdf). See the footnote on page 1. Note that the long-stay application form (pdf) says nothing about free movement. – phoog Sep 03 '19 at 17:31
  • @MarkJohnson see also the handbook to which you referred me (pdf) in our recent chat. It states in the Freizügigkeit part, at III.6.4 (ca. p. 281 of 578) "Das Visum wird als „C-Visum“ erteilt." (For other readers who do not read German, Freizügigkeit means "free movement," and the quoted sentence means "the visa is issued as a 'C visa.'") – phoog Sep 03 '19 at 18:04
  • @phoog Yea we went to change the permit since our father is now a EEA citizen but they said it wasn't necessary since the card has our fathers I.D number at the back of the permit. – kwamena bilson Sep 03 '19 at 18:16
  • @kwamenabilson unfortunately, as you can see on the page linked at the bottom of the answer, the UK will not accept a permit that was "issued under the national law of another Member State." So you need an EEA family permit. – phoog Sep 03 '19 at 18:24
  • @phoog Tanx I will apply for EEA family permit so please give me a list is supporting documents since am 23 years old,I will be glad to hear from you. – kwamena bilson Sep 03 '19 at 18:28
  • @kwamenabilson I have edited the answer to include some relevant bits from the guidance document offered in an earlier comment. – phoog Sep 03 '19 at 18:38
  • Tanx I appreciate ur answer. – kwamena bilson Sep 03 '19 at 20:10