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Tier 2 out of country application guidance needed

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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irish_sunset
Newly Registered
Posts: 22
Joined: Sat Oct 12, 2019 4:50 pm
Poland

Tier 2 out of country application guidance needed

Post by irish_sunset » Sat Nov 30, 2019 7:40 pm

Dear Folks,

i currently hold an EEA residence card and reside as well as work in the UK.
i want to switch to Tier 2 and have obtained a Restricted CoS from a UK employer. my understanding is that i can't make an in-country switch to Tier 2 so need to apply from India as an out of country application.

my ten years legal residence will be completed in 2021 which includes time spent under both leave to remain (UK immigration rules) and on EEA residence card.

i was reading home office guidance on long term residence and it says;
"If an applicant was in the UK with a right to reside under European Economic Area
(EEA) regulations, continuous residence is not broken if they leave the UK and are
then re-admitted under the EEA regulations"


Q1. if i leave the UK while holding an EEA residence card and make an application for Tier 2 while abroad and then re-enter the UK on the newly obtained Tier 2 visa, will the continuous residence be broken? please advice.

Q2. how will the UKVI treat this application i.e. is this OKAY if i am normally and habitually resident in the UK and just leave the country to make the application. they will ask for my present address on the application form and i will have to write down my address in India even though i will be resident there for a couple of days and my main address will be in the UK??

Q3. is there any one else who is in a similar situation.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

irish_sunset
Newly Registered
Posts: 22
Joined: Sat Oct 12, 2019 4:50 pm
Poland

Re: Tier 2 out of country application guidance needed

Post by irish_sunset » Sat Nov 30, 2019 8:36 pm

Could any moderators please help.

CR001, Obie ?

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