Change of EEA National Sponsor

[naija99]

Is it possible to change EEA national sponsor?
If EEA national father becomes British and ceases to exercise treaty rights, can non EEA family member daughter apply for a new RC on the basis of her EEA national uncle who is now supporting her?

[Jambo]

Jambo, please can you clarify this for me as most of these posts relate to a spouse of an EEA national sponsor.
What is the position of the daughter of an EEA national.
Who was granted RC 05/06/06 until 05/06/11, but the EEA National obtained British Citizenship in 2010. The application for PR was made in April 2011 but refused on the basis that the the non EEA daughter could not provide her EEA sponsor's passport.

Is there any way for the non EEA daughter to obtain PR. She has been a student in the UK and not been working and therefore doesnt have any P60's.

The EEA national sponsor father who is now a British Citizen was incapacitated and thus does not have documents illustrating treaty rights.

Can the non EEA daughter make a fresh application relying on her EEA national uncle who is now supporting her in the UK?

It is better to open a new thread if the question is new.

Lets start from the beginning. Most posts relate to spouse as this is a more common case but this is applicable to other family members as well.

Why couldn't she provide her father's EEA passport?

It doesn't matter what she does in the UK as it's the EEA national activities that matter. How was her father been able to obtain BC? Surely, he was granted PR before that.

[Jambo]

Also Jambo,

What is not quite clear is what is the position of a non EEA daughter who does not have the PR status endorsed in her passport because the EEA national father refused to co-operate.

Can she apply for British Citizenship in her own right. She is not able to provide any documents of her EEA national father (even for the initial 5 years) as he is not willing to co-operate.

Can she apply in her own right. She satisfies the residency requirements and she has been working throughout the initial 5 years.

Her father was a Dutch national and the Dutch authorities do not allow for dual nationality. Her father obtained PR and then BC without waiting to allow her to get her PR first

[Jambo]

Even without the Dutch passport, could she get hold of her father's blue PR card? That might be enough.

She needs to understand that her status in the UK for the first 5 years is dependent on her father. It doesn't matter if she worked or not. What matters is what he did. As he has obtained PR, then what she needs to show is continuous residence in the UK.

When did arrive to the UK? How old was she when she applied for the RC in 2006? Was she dependant on her father or living with him during the 5 years after she arrive to the UK?

[naija99]

I doubt if the blue card will suffice, they usually ask for id card or passport.

What would be the best option for her?
1) apply for a further RC based upon her dependence on her EEA uncle (switching sponsor)
2) applying for BC in her own right as she has now been here for six years, but has not applied for PR. would she be expected to submit docs of her EEA father for the first five years?

[naija99]

In answer to your question jambo, she arrived in the UK early 2006 and obtained RC June 2006. She was living with father and dependent on him during the 5 years. She was 15 at the time she applied in 2006.

[naija99]

Can someone please tell me what documents would be required if she is relying upon her EEA national uncle

[fysicus]

It is difficult to see how the uncle-route could succeed. The conditions are a lot stricter when the family relation is more distant (compared to husband-wife or parent-child relationships).
Furthermore the girl in this case is apparently already 21 by now.

There are quite a few details in the story that I do not understand. How can the daughter not have Dutch nationality like the father? It is normally acquired automatically at birth (regardless of the place of birth), and in the case of adoption there is a simplified naturalisation procedure.
And why does the father not want to cooperate?
And as I mentioned at various occasions: why would an EU citizen bother to get British Citizenship, especially if you have to give up your original nationality (which Dutch have to do in this case)?

[naija99]

The girl is 19 at present
she was born in Ghana - they were estranged for quite some time. When they reconciled he applied for her to come to the UK. Upon arriving in the UK due to family circumstances they have fallen out, hence his reluctance to co-operate in assisting her any further. He feels he brought her to the UK in the first place and she was not thankful enough!

Im not sure this is even possible now that he has given up his Dutch passport in favour of a British one.

For his own reasons he has given up his Dutch nationality but that still leaves the daughter in limbo.

1) Can she apply for BC in her own right having been in the UK for 5+1 =6yrs, albeit the father was not exercising treaty rights for the full period, hence the requirement that she needs to be able to apply in her own right

2) Can she apply as a dependent on her EEA national uncle? If so what documents are required?

[fysicus]

She was 15 at the time she applied in 2006

How can she be 19 now then?

Place of birth is irrelevant for Dutch nationality. If one of the parents is Dutch, the child is Dutch too (NB: it is possible to accumulate quite a few different nationalities automatically at birth). Does she have a birth certificate, naming the father? If so, she could contact the Dutch Embassy in London to see if this can be confirmed.

[naija99]

Sorry, my error, she was 13 at the time of initial application. She is 19 now.
She may derive Dutch nationality from her father but he is no longer Ducth and not willing to assist in any application she will make, hence the need for her to be able to apply in her own right (whether for BC or Dutch) or change her sponsor and apply for another RC.

Is this possible at all?