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.
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:
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.
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.