Residence

Family members also enjoy a right of extended residence while they remain the family member of a qualified person. They can apply for a residence card.

The family members of qualified persons enjoy the same rights to take up activities in member states. The children of nationals of a member state who are or who have been employed in the territory of another member state are entitled to that state’s general educational, apprenticeship, and vocational training courses under the same conditions as a national. The child of a national of one member state who resided in the territory of another member state may not claim the benefit of that regulation where a parent no longer residing in the host member state last resided there as a worker before the birth of the child.

Family members may be accompanied by their own children, who are under 21 or are dependent, or by their own direct dependent relatives in the ascending line. However, any of these family members do not have any right under EU law to be accompanied by other family members (e.g. a spouse or civil partner). They would need to rely on the UK immigration rules, which would be difficult as it cannot be said that a person reliant on EEA freedom of movement rights is present and settled in the UK (one of the requirements for most family applications) until that person has acquired the right of permanent residence, usually after five years.