EEA nationals who are exercising treaty rights can sponsor their family members who are not.

People who were living with their EEA national parents when they were children, and one or both of them were qualified persons (such as working or self employed), will have been lawfully resident on these basis and would have acquired PR status.

Instead of sending off evidence that you were exercising treaty rights for five years, you send of evidence that they were exercising treaty rights and that you were in the UK as their dependent.

According to the EEA Regulations, a child family member is automatically a dependent if they are under 21, and can be considered a family member if they are over 21 and living with the family member or financially dependent on them.

If you can prove that you acquired PR status when you were a child, you would have acquired PR status if you are well over the age of 21 at the time you need to prove this.

A child is automatically a dependent if under 21, however, they can still be considered as a dependent if they are over 21 and living with the family, or financially dependent on them.

A student can carry on being a dependent after they turn 21 if they are still living with their parents or relying on them for financial support.

Required evidence

Evidence that the EEA national exercised treaty rights for 5 years:
  • Evidence of exercising treaty rights for EEA national sponsor, such as 5 consecutive P60s if employed. Otherwise, see the relevant guidance for self-employed and self-sufficient; and
  • Proof of relationship between the applicant and the sponsor (one of either a marriage certificate, birth certificate, adoption certificate)
  • For the applicant, one piece of evidence for every qualifying 12 month period to confirm residence in the UK; and
  • One piece of evidence for every qualifying 12-month period to confirm ongoing residence in the UK if more than 2 years has elapsed since the end of the activities.
If the sponsor already has a PR card, the card itself would be proof of having exercised treaty rights for 5 years.

Children also need to have lived in the UK for 5 years to apply as dependents on their parent/carer.

Once either parent has PR status, the child can be registered as British if born in the UK.

See: How to register children as British.

Evidence of residence for children
  • evidence of school attendance
  • nursery attendance for pre-school years
  • red book
  • doctor’s records
  • vaccination records
  • attendance to playgroups and other local groups.