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EEA family members above 21

Posted: Tue Aug 07, 2012 5:08 am
by qaiserraja
I have a question on non EEA family members of an EEA national.

If a non EEA son/daughter of the EEA national was under 21 when the 5 years residence card was given but has aged above 21 when the residence card expired, then what residence is to apply for please?

NOTE: All the relevant laws I have found so far, only talk about under 21s.

Posted: Tue Aug 07, 2012 7:50 pm
by Obie
By law, provided you can show you are still living in an household owned by the sponsor or still dependant on the sponsor, you should be fine, and can continue to derive protection from EU law.

If you are not dependant, then you may be fine if national law permits it, which it seems is the case with UK law in some respect. However it cannot be said that you continue to derive protection from EU law.

Re: EEA family members above 21

Posted: Tue Aug 07, 2012 7:55 pm
by EUsmileWEallsmile
qaiserraja wrote: NOTE: All the relevant laws I have found so far, only talk about under 21s.
...or dependent over 21s.