Switching from EEA FP to Tier 2 complications

[liquidweb15]

Hello All,

This is a situation that relates to a good friend of mine. He is here on an EEA family permit. However, soon after coming here, he landed a very good job opportunity paying him six figures salary. However, the company is not willing to take him on board with his EEA family permit and EEA (FM) takes close to 5 months also EEA FP does not state whether he is free to take up work. The company is more than willing to take him and is ready to sponsor his Tier 2. However, the main question is, can he switch from EEA Family Permit to Tier 2 whilst being in the UK or he has to go back to the home country and apply from there for Tier 2.

Thanks for all your help.

[secret.simon]

Once he has an EEA FP and is in the country, he should apply for an EEA Residence Card, which would allow him to work in the UK. It is valid for five years and at the end of that period, provided his EEA spouse is still exercising treaty rights, he will automatically acquire PR.

[liquidweb15]

Hi Simon, many thanks for your response. We are aware of this route and it is the possibly the best possible way to get EEA(FM) and get the residence card. However, it takes close to 3 months to get EEA (FM) / Residence Card. Now in the meantime, the multinational investment bank that he has managed to secure the job is willing to sponsor Tier 2 using premium service (the fee of which is around £1,000) which is decided in a day. My friend is just trying to get something that will help him secure the job and stay in the UK whilst switching. Our only concern is, can he do it whilst staying in the UK or have to go back to home country and apply for it? Many thanks

[vinny]

Cannot switch in the UK, as 245HD(b) fails.

Applying for a residence card and getting a Certificate of Application confirming rights to work may be faster.

[Obie]

Hi Simon, many thanks for your response. We are aware of this route and it is the possibly the best possible way to get EEA(FM) and get the residence card. However, it takes close to 3 months to get EEA (FM) / Residence Card. Now in the meantime, the multinational investment bank that he has managed to secure the job is willing to sponsor Tier 2 using premium service (the fee of which is around £1,000) which is decided in a day. My friend is just trying to get something that will help him secure the job and stay in the UK whilst switching. Our only concern is, can he do it whilst staying in the UK or have to go back to home country and apply for it? Many thanks

Perhaps you need to educate the multi national company that your spouse does not need leave as he has Freemovement rights and hence has a right to work in the UK.

I believe the reason the company is behaving like this, is the lack of knowledge of the Freemovement rules.

Your husband could ask for expedition of his application aswell..

[liquidweb15]

Simon, Vinny and Obie, thanks a lot.