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5.13 Making an application for a residence card where a non-EEA national child
retains a right of residence
Where a child makes an application to remain in the UK in accordance with the
provisions set out above the following documentation is required:
• child’s passport;
• evidence that the child was the family member of an EEA national who was
exercising Treaty rights in the UK:
• residence card; or
• birth certificate or evidence of dependency if the child if over 21, EEA
national’s P60’s, wage slips, accountant’s letter etc;
• evidence that the child is attending education in the UK e.g. a letter from the
child’s school; and
• evidence that the child was being educated in the UK prior to the EEA
national leaving the UK or dying; and
• confirmation that the EEA national has left the UK or died.
A residence card should normally be issued with a validity of 5 years, unless the child is
nearing completion of his/her studies. In this case we can limit the validity of the
residence card.
A residence card that is issued in accordance with these provisions should be revoked
in accordance with Regulation 20(2) of the 2006 Regulations if the child no longer fulfils
the conditions set out in paragraph 5.12. For instance, if the child leaves school.
The following documents must be supplied by a non-EEA national family member of
an EEA national who is applying for a permanent residence card under Regulation
15(1)(b) of the 2006 Regulations having completed 5 years residency:
• A valid passport
• Proof that s/he was a family member of an EEA national during the 5 year
period
• Documentation confirming that s/he has resided in the UK with the EEA
national in accordance with the 2006 Regulations for a continuous period of 5
years; this requires confirmation that during this period the EEA national was
residing in the UK in accordance with the Regulations .