Switching from Tier 2 to EEA family permit

[Shamino]

Hi all

I have been reading the forums for a while and also researching information regarding the EEA route. I thought I'll ask for some help regarding my situation.

I entered the UK on a Tier 2 (general) visa on the 1 February 2013. I am Australian and planning to marry my fiancee who is polish early next year and we are currently both working in London.

I wanted to know whether I can apply for the EEA family permit in the UK after we get married, or do I need to apply for the EEA family permit outside of the UK?

I ask this because a friend of mine said her husband had to apply for a residency card in his home country (Brazil). I presume she means this is UK entry clearance?

Given that I am already on a Tier 2 (general) visa, does that mean I can apply for the EEA family permit straight away?

Also in the future we would like to have a honeymoon, which could be quite a long duration, like say 6 months, would this be problematic after I get the EEA family permit?

What happens if I was to be working in the UK and say my parent decides to go on a holiday? Would this also be problematic?

At some point I would also like to apply for Indefinite Leave to Remain, so I'm considering my options.

I am aware the my Tier 2 qualifying residency won't be transferred to the EEA family permit, but, having the freedom to apply for other employment is more appealing.

Looking forward to hearing from you

Cheers

[sheraz7]

http://www.immigrationboards.com/eea-ro ... l#p1066550

[Shamino]

Thanks Sheraz7 for the link. Regarding the following detail

After marrying EU national, you are no longer tied to one particular employer rather can work for any employer but you have to prove your right of work in form of having EEA2 RC at least having COA under this route. If your EU partner is exercising its treaty rights then you can send eea2 application and soon you will get COA to prove your right of work for employment purposes.

Well my fiancée is currently working so I presume this means she is already exercising her treaty rights? Does she have to fill in any forms to state that she is exercising her treaty rights or is that part of the EEA2 family permit application?

I also wanted to know whether its better to wait a few months before applying for the EEA2 family permit? I read somewhere that the officials scrutinise details in respect of marriage of convenience.

I am a bit confused with the Certificate of Application. So provided that my partner is exercising her treaty rights and I apply for the EEA2 family permit, I will be issued a COA? I would still have to apply for the Residency Card right?

And should I inform my employer that I would no longer be required to be on the Tier 2 (General) visa? Or should I be ok with not mentioning it?

Looking forward to hearing from you

Cheers

[splanky]

If you are already in the UK you need to apply for an EEA2 residence card, not a family permit. The family permit can only be applied for from outside the UK, the residence card only from within the UK. If someone was outside the UK they would normally apply for a family permit to join/travel with their EEA family member to the UK, then when they were in the UK they would apply for the residence card.

If you are already in the UK you can skip the family permit and apply straight for the residence card.

Splanky

[splanky]

I also wanted to know whether its better to wait a few months before applying for the EEA2 family permit? I read somewhere that the officials scrutinise details in respect of marriage of convenience.

I am a bit confused with the Certificate of Application. So provided that my partner is exercising her treaty rights and I apply for the EEA2 family permit, I will be issued a COA? I would still have to apply for the Residency Card right?

The COA is issued after the EEA2 residence card application is received by the home office. If you are married, this will confirm your right to work, and can be shown to an employer to indicate you do have the right to work. If you are only a fiancee the COA will probably not confirm your right to work. So in your case it would probably be best to apply for the residence card after you are married.

Splanky

[sheraz7]

Well my fiancée is currently working so I presume this means she is already exercising her treaty rights? Does she have to fill in any forms to state that she is exercising her treaty rights or is that part of the EEA2 family permit application?

if she (eu national) wish can apply eea1 too which is optional.

I also wanted to know whether its better to wait a few months before applying for the EEA2 family permit? I read somewhere that the officials scrutinise details in respect of marriage of convenience.
anytime after wedding you can apply eea2 and in now a days they are calling for interview to scrutinize the marriage.


I am a bit confused with the Certificate of Application. So provided that my partner is exercising her treaty rights and I apply for the EEA2 family permit, I will be issued a COA? I would still have to apply for the Residency Card right?

And should I inform my employer that I would no longer be required to be on the Tier 2 (General) visa? Or should I be ok with not mentioning it?
if you wish can update your status with your emplyoyer

Looking forward to hearing from you

Cheers