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"Family member of EEA national" annotation in a regular Tier 2 visa

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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mecsumit
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"Family member of EEA national" annotation in a regular Tier 2 visa

Post by mecsumit » Fri Mar 23, 2018 4:46 pm

Hi,
I have applied for a regular Tier 2 visa for the UK using the CoS application provided by my employer.

I want to know how can I apply for a "Family member of EEA national" annotation in my Biometric Residence Permit (BRP), as my wife is Dutch.

I understood, such a stamp in the residence permit will help me travelling with my wife to mainland Europe, without any visa requirement.

In the tier 2 visa application, there was no such option to tick for a "Family member of EEA national" annotation. So, I am not sure if the BRP that I will receive will already have that stamp.

If not, then how to apply for it?

Thanks for any sugestions or comments.

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CR001
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Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Post by CR001 » Fri Mar 23, 2018 4:53 pm

No. You would need to apply for an EEA Residence card if you wanted that.

Tier 2 General and EEA RC are two completely separate sets of rules.

Why did you not apply for an EEA FP or EEA RC instead of the very restrictive Tier 2 General?
Char (CR001 not Casa)
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mecsumit
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Joined: Fri Mar 16, 2018 12:04 pm
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Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Post by mecsumit » Fri Mar 23, 2018 5:36 pm

Hi CR001,
Tier 2 is what my employer applied for. :(
I did inform them that my wife is Dutch and will be moving with me. Somehow it is of more interest for my employer if I get a tier 2 visa. May be something related to the CoS application that they file.

Thanks for answering anyway.
Is there any other way, that comes to your mind other than me applying every time for a tourist visa to go to EU mainland? Like some other family reunion permit?

secret.simon
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Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Post by secret.simon » Fri Mar 23, 2018 6:18 pm

As you are married to a Dutch citizen, your Tier 2 visa is redundant. Your rights as the spouse of an EEA citizen (provided your Dutch citizen spouse is resident and exercising treaty rights in the UK) supersede any limitations imposed by the UK Immigration Rules.

I suggest that you apply for a Residence Card based on your marriage to a Dutch citizen. As mentioned, that would supersede your Tier 2 visa.

Just keep in mind that your Dutch citizen spouse must be resident and exercising treaty rights in the UK for you to have a right to reside in the UK under EU law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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