Why can't British Citizens sponsor EEA PR applicants?

[CazMac]

Hello,

I am a British citizen (by descent) and have two children who were born in France to a French father. My children hold French nationality only as I cannot pass on my nationality as I too was born abroad.

I have successfully obtained British Nationality for my younger daughter who is under 18, but my older daughter (who is 19) has to apply for PR before she can apply for British citizenship. She is currently a student at university in the UK and has lived in the UK with me since she was 6. However, her first application for PR was refused on the grounds that she didn't have CSI.

I have two questions:

1. The 5 year period on which she based her application took place when she was under 18 and at school - does a child need CSI?

2. I see on the EEA PR form that EU nationals can apply as "a family member or extended family member of an EEA national qualified person or permanent resident". It seems from what I have read that I, as a British Citizen, don't qualify as an EEA national so I cannot sponsor my own daughter to obtain PR. Is there a way round this?

It seems terribly unfair that my daughter cannot get PR (to apply for British Citizenship) even though she has lived in the UK for 13 years, 12 of which she was a child, and the dependent of a British citizen.

If anyone knows the answers to any of my questions, I would be immensely grateful.

Thanks.

[CR001]

Why didn't you register her as British under section 3(5) before she turned 18?

Page 11

https://www.gov.uk/government/uploads/s ... y_2017.pdf

[CazMac]

Because there was no need to do so then - Now Brexit makes everything uncertain.

[CazMac]

Why didn't you register her as British under section 3(5) before she turned 18?

Page 11

https://www.gov.uk/government/uploads/s ... y_2017.pdf

Because there was no need to do so then - Now Brexit makes everything uncertain.

[secret.simon]

How long were you resident in France (or any other EEA member-state of which you were not a citizen)?

Did you exercise treaty rights there by working or seeking work there?

Alternatively, if you were self-sufficient by financial dependency on another family member, such as the French father of your children, did you have either private health insurance or were you covered by his/her workplace health insurance?

[CazMac]

How long were you resident in France (or any other EEA member-state of which you were not a citizen)?

Did you exercise treaty rights there by working or seeking work there?

Alternatively, if you were self-sufficient by financial dependency on another family member, such as the French father of your children, did you have either private health insurance or were you covered by his/her workplace health insurance?

I lived and worked in France for about 12 years and had complimentary health insurance.

[secret.simon]

Wait for others to advise before progressing the matter, but I think you may be able to sponsor your daughter's PR as a Surinder Singh returnee.

Providing that your daughter was resident with you in France while you were working, you may be able to sponsor her. You will need proof that you were resident and working in France for a number of years (the more years you can prove the better for the application) and that your elder daughter was resident with you (not sure if the Diatta judgment would apply to a child) while you were exercising treaty rights in France.

Any additional proof that you had moved the centre of your life to France would help (language courses, involvement in any local clubs/organisations at home/work, etc).

As mentioned above, wait for others to confirm or disprove my advice.

[CazMac]

Wait for others to advise before progressing the matter, but I think you may be able to sponsor your daughter's PR as a Surinder Singh returnee.

Providing that your daughter was resident with you in France while you were working, you may be able to sponsor her. You will need proof that you were resident and working in France for a number of years (the more years you can prove the better for the application) and that your elder daughter was resident with you (not sure if the Diatta judgment would apply to a child) while you were exercising treaty rights in France.

Any additional proof that you had moved the centre of your life to France would help (language courses, involvement in any local clubs/organisations at home/work, etc).

As mentioned above, wait for others to confirm or disprove my advice.

Thanks, but isn't the Surinder Singh route for non-eu family members?

[secret.simon]

The relevant EU law applies to all family members, it does not distinguish between EEA family members and non-EEA family members. As an example, an EEA citizen who is not working can be sponsored by his/her EEA citizen spouse who is working.

But generally EEA family members could enter the UK on their own passports and therefore had no reason to apply under the SS route for them. So, the SS route is prominent for non-EEA family members. But I think it can be argued that it was engaged in your case.

As mentioned, wait for others to respond before any further action.

[Richard W]

As mentioned, wait for others to respond before any further action.

The only legitimate problem I can see is that CazMac might not meet the regulations. Can she claim to have been a worker in France immediately before she moved to the UK?

As for the centre of life, I would suggest that bearing a local two children is pretty good evidence of having moved the centre of her life to France!

[secret.simon]

As for the centre of life, I would suggest that bearing a local two children is pretty good evidence of having moved the centre of her life to France!

That may be one aspect, yes, indeed a significant aspect. But I doubt the Home Office will accept it as sufficient proof of having moved the center of her life to France.

[CazMac]

The centre of my life was certainly in France as I was married to a French citizen and had two children over there as well as working part time.
The question is, can my daughter make a Surinder Singh application if she is an EU citizen herself? I did ask the Home Office help line about this, and the adviser said no, but I am aware that our situation is more complex. If anyone has any knowledge about this, I'd love to know.

[Richard W]

I did ask the Home Office help line about this, and the adviser said no, but I am aware that our situation is more complex. If anyone has any knowledge about this, I'd love to know.

Unfortunately, Home Office help lines are not to be trusted. There's nothing in the regulations that precludes EU nationals, and no-one here has reported any problems from published Home Office guidance to staff.