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.

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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? Sep 3 '19 at 15:28
  • @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 3 '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. Sep 3 '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 3 '19 at 16:41

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.

  • where in the question is it stated that the UK is one of the country's in question? Sep 3 '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 3 '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. Sep 3 '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. de.m.wikipedia.org/wiki/Aufenthaltskarte_(Deutschland) Sep 3 '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 extranjeros.mitramiss.gob.es/es/InformacionInteres/…
    – phoog
    Sep 3 '19 at 17:12

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