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I have a friend of 21 years old and his father is a Spanish national but he holds Spanish "larga duracion residence card" which was given to him by his father. My questions are can he travel to the UK with his father? And second, if he is able to enter can he apply for a residence card in the UK?

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A small correction: the card was not given to him by his father, but by Spain.

Your friend may require a visa to travel with his father to the UK. If the card says "Tarjeta de residencia de familiar de ciudadano de la Unión" then your friend does not require a visa. Otherwise, he does.

If your friend is dependent on his father, that visa could be an EEA family permit. Otherwise, it should be a standard visitor visa. In the latter case, your friend will not be able to remain in the UK for more than six months.

Whether your friend can apply for a residence card in the UK depends on a couple of factors. They are:

  1. Because your friend is 21 years old, he must be able to demonstrate that he is still dependent on his father.
  2. His father must be living in the UK and be one of the following:
    1. Working
    2. Self-employed
    3. Self-sufficient
    4. Studying
    5. Looking for work (under certain conditions)

However, the residence card will be useless after the UK repeals the laws that implement the EU freedom of movement directive. This may not be on Brexit day. The page linked above currently says that residence cards will lose their validity at the end of next year. Instead, it is probably better to apply for the new settlement scheme if that is possible. The criteria are similar.

If your friend is not dependent on his father, but (as indicated in a comment) lives with the father, then he can apply as an extended family member because he is a member of the household. From the eligibility page linked above:

Extended family members

You can apply as an extended family member if you’re [...] a relative of the EEA national [...] but you do not qualify as their family member.

As well as being a relative of the EEA national, one of the following must be true:

  • before coming to the UK you were dependent on the EEA national, or were a member of the EEA national’s household, and you’re still dependent on them or are still a member of their household
  • [...]

Extended family members must have a valid EEA permit or residence card to stay in the UK.

Your application is considered based on your individual circumstances and you may not be approved for a residence card even if you meet the conditions.

  • So please what supporting documents should he submit since he only live in the same house with his father and other relatives. – kwamena bilson Sep 6 at 16:48
  • His residence card only says Dependent's on his father,it has his fathers name at the back. – kwamena bilson Sep 6 at 16:50
  • @kwamenabilson is the father planning to move to the UK for work or to live there supported by savings or other assets? – phoog Sep 6 at 16:50
  • To live there,because currently one of his brother who got a Spanish passport because he was under age is currently living and working there. – kwamena bilson Sep 6 at 16:53
  • @kwamenabilson will the father be working, self employed, self sufficient, etc.? – phoog Sep 6 at 16:57

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