I have Italian nationality. I came to England in March 2016 and I regularly go to work. My father came to England today, without a visa because he came with a residence card of a family member of an EU citizen. What do we have to do next? Do we have to apply for a visa or a residence card? When we were in the airport the immigration officer put a stamp on my father's passport and it shows just the date.

  • Is your father an Italian national too? Jun 12 '18 at 15:43
  • my father has a indian passport but he has residence card of member of a union citizen .He lives with me in Italy about 16 years and he depends on me.Now he comes hear without visa and we want to information about visa or I can apply for residence card . Jun 15 '18 at 11:19

There is nothing your father must do to remain in the UK, but he may want to apply for a residence card. The residence card is not required, however:

You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

  • help you re-enter the country more quickly and easily if you travel abroad
  • show employers you’re allowed to work in the UK
  • help prove you qualify for certain benefits and services

After the UK leaves the EU, however, he (and you) will need documents to remain. It is currently anticipated that there will be a transitional implementation period during which you and your father will both need to apply for "settled status" or a "temporary residence permit."

It seems that having the residence card before the beginning of the transition period will not affect your father's rights. If I were in your position, however, I would probably apply for one for the reasons noted above, and also because it will provide peace of mind for your application in the transitional period to know that your relationship and residence had already been assessed and approved by UK authorities. I would further speculate that the existence of the prior approved application might also allow the second application to be handled more quickly.

It should be noted that your father only qualifies if he is dependent on you. The UK will re-evaluate whether he is dependent on you. That is, they will not accept that he is simply because Italy accepted it. You should therefore collect evidence of that dependence so you can present it when he applies for his documents.

  • Why does his father only qualify if he is dependent on the OP? Assuming he is also Italian (granted, the OP doesn't say that), he currently has full "freedom of movement" rights to be in the UK, and if he was settled in the UK on the relevant date, he will be entitled to stay (if all goes according to plan). Jun 12 '18 at 15:36
  • 1
    @MartinBonner because freedom of movement is extended to direct relatives in the ascending line only if they are dependent. See directive 2004/38/EC, Article 2(2)(d) and the Immigration (EEA) Regulations 2016, 7(1)(c). We can infer that the father is not Italian, because if he were, he would not have entered the UK with "a residence card of a family member of an EU citizen."
    – phoog
    Jun 12 '18 at 15:42
  • Right. You are assuming the father is not Italian. The fact the OP's name is "Rajinder" adds some support to that theory Jun 12 '18 at 15:46
  • @MartinBonner see also How can my father stay with me in the UK? (same question at Travel) and Can my father enter the UK as an EEA family member? (related question at Travel).
    – phoog
    Jun 12 '18 at 15:47
  • @Martinbonner if the father was an Italian national he could enter on his Italian passport or national identity document and the asker's question would not arise.
    – user16259
    Jun 14 '18 at 6:04

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