Tier 2 Visa - Application for EU Settlement

[Sofia81]

Apologies, if this topic was already brought up, I cannot seem to find anything specific.

I am currently on Tier2 visa (been in UK since 2017), married to EU national from September 2020. He has a settled status.

I have just applied for EU Settlement Scheme, but now confused whether I would be eligible, given I am in UK on Tier 2, rather than on family permit and etc.The guidance upon applying is quite ambiguous.

Has anyone applied for settlement whilst on Tier2 and if so, were there any complications? What happens to Tier 2 visa, once you gain a settled status? If you were to leave the job upon gaining the status, would there be any issues?

Thanks!

[seekingadvice87]

Hi,

switch to eu settlement because you have qualifying spouse no problem

tier 2 become void once new decision made. stay in job, obey visa condition, same as before you apply.
new visa is pre settled status if successful

If leave job AFTER new eu status, you will be fine. new status no need notify home office every time change jobs.

[GabbieZ]

Hello,

This thread seems to be the most relevant with my case. I am in Tier 2 as well which will expire in March. I have submitted the application under EU settlement scheme as a non-EU family member ( I am married to a EEA national), however it seems to be taking long time and it is likely that I won’t be able to receive a decision before then. Do I need to worry about my immigration status in the UK?

Thank you for anyone who can advise.

[kamoe]

I have just applied for EU Settlement Scheme, but now confused whether I would be eligible, given I am in UK on Tier 2, rather than on family permit and etc.

The fact that you already have a different type of leave has nothing to do or have any impact in any way your eligibility to the Settlement Scheme. Many people have sometimes two or more ways in which they are eligible for different immigration routes, and it is up to them to decide which one they take, no obligation for one or the other.

The guidance upon applying is quite ambiguous.

Since you are married, not having a Family Permit does not make you not eligible. This is an issue for unmarried partners who do not already have EEA documentation, but not an issue for you. I see how this might have confused you.

Lots of people, myself included, have switched to EU family member routes from Tier routes from inside the UK without having a Family Permit first, with no issue.

Has anyone applied for settlement whilst on Tier2 and if so, were there any complications? What happens to Tier 2 visa, once you gain a settled status? If you were to leave the job upon gaining the status, would there be any issues?

I have a deja-vu feeling of myself and someone else collectively already answering this exact same question before, but cannot find it anywhere.

But to the point: Since you cannot have two different types of leave under UK rules at the same time, when your EUSS is issued, your Tier 2 will be cancelled. This is nothing to worry about work-wise since your EUSS status is superior in many ways than a Tier 2 visa. You will not have any restrictions to work, for example; so you can leave your job once you have your EUSS with no consequences.

[Sofia81]

Hello,

This thread seems to be the most relevant with my case. I am in Tier 2 as well which will expire in March. I have submitted the application under EU settlement scheme as a non-EU family member ( I am married to a EEA national), however it seems to be taking long time and it is likely that I won’t be able to receive a decision before then. Do I need to worry about my immigration status in the UK?

Thank you for anyone who can advise.

Hi, has there been any progress with your application? I'm still waiting to hear back on the decision

[Sofia81]

I have just applied for EU Settlement Scheme, but now confused whether I would be eligible, given I am in UK on Tier 2, rather than on family permit and etc.

The fact that you already have a different type of leave has nothing to do or have any impact in any way your eligibility to the Settlement Scheme. Many people have sometimes two or more ways in which they are eligible for different immigration routes, and it is up to them to decide which one they take, no obligation for one or the other.

The guidance upon applying is quite ambiguous.

Since you are married, not having a Family Permit does not make you not eligible. This is an issue for unmarried partners who do not already have EEA documentation, but not an issue for you. I see how this might have confused you.

Lots of people, myself included, have switched to EU family member routes from Tier routes from inside the UK without having a Family Permit first, with no issue.

Has anyone applied for settlement whilst on Tier2 and if so, were there any complications? What happens to Tier 2 visa, once you gain a settled status? If you were to leave the job upon gaining the status, would there be any issues?

I have a deja-vu feeling of myself and someone else collectively already answering this exact same question before, but cannot find it anywhere.

But to the point: Since you cannot have two different types of leave under UK rules at the same time, when your EUSS is issued, your Tier 2 will be cancelled. This is nothing to worry about work-wise since your EUSS status is superior in many ways than a Tier 2 visa. You will not have any restrictions to work, for example; so you can leave your job once you have your EUSS with no consequences.

Thanks a lot for your reply!