Switching from Tier 2 to dependant of French national

[drcalm]

Hi,

Thank you very much for this forum. I've read quite a bit and wasn't sure what's the proper way of action in my case, any help would be appreciated.

I've been working in London since Mar 2010 under Tier 2 (Sponsored) visa. The visa was renewed few months ago (Feb 2013) for another 3 years of definite leave to remain.
Recently I've decided to leave my current job, yet I need to stay in the UK due to my wife's job (my wife is French, and works for a UK-based company) and me being a student of an executive program in Oxford university (a part time program).

What's the best course of action to get a visa, as I wish to apply to be a dependent of my wife?
I'm really clueless for the moment.

Thanks in advance for any help!

Terr

[Lucapooka]

As your wife is a EU national, all you need do is apply for a residence card EEA2. Yiu can do this now and effectively steo outside your current status.

[drcalm]

Thanks Lucapooka, I'll have a look into it.

[Lucapooka]

The actual application is a formality as you already have an automatic right of residence through your wife. My opinion would be try to stick with T2, if possible, as that will lead to ILR in under 2 years. Changing to the EU route will give you professional freedom to take any job but will get to permanent residence in five years from the time your wife arrived in the UK at a time when you were married to her.

[Jambo]

Also to add, having a Residence Card (under the EEA regulation) doesn't invalidate your current Tier-2. The two can co-exist if you just want to keep your options open (of course your tier-2 status could end if you leave your employer).

[Directive/2004/38/EC]

Your wife is working. You can apply if you wish for a Residence Card.

When did you get married? In the UK?

How long has your wife been working in the UK?

[drcalm]

Thank you all.

My wife & I got married outside the UK a year ago.
We've been together for the last 8 years and she had relocated with me to the UK in 2010.

She is working since Oct 2012, prior to this she was doing her masters degree in London in 2011-2012. She also worked in 2010.

Can I keep my Tier 2 visa, even if I leave my employer?
Is the EEA2 Residence Card considered as a visa?

Thanks!

[Directive/2004/38/EC]

At this point you do not need a visa. Thought a Residence Card can be used to prove that you can work.

She is working since Oct 2012, prior to this she was doing her masters degree in London in 2011-2012. She also worked in 2010.

When did she arrive in the UK? Were there any extended gaps in the time when she was not a student and not working?

Your PR will happen 5 years after you arrived in the UK after marrying.

[drcalm]

When did she arrive in the UK? Were there any extended gaps in the time when she was not a student and not working?

With me, Mar 2010.
There were couple of months I guess between ending studies and finding a job.

I forgot to mention that I have biometric residence permit. Not sure if it changes anything.

Can I apply for Tier 2 Migrant?

[Jambo]

Can I keep my Tier 2 visa, even if I leave my employer?

You can switch to another employer who will sponsor you under Tier-2. The main advantage of keeping your Tier-2 is that it will lead to settlement (and British citizenship) earlier than the EEA route (if this is on your mind). The downside is the cost and the trouble of finding an employer to sponsor you.

Is the EEA2 Residence Card considered as a visa?

Kind of. It's a confirmation of your rights as a family member of EEA citizen exercising treaty rights in the UK. It serves as a "visa" for the purpose of entering the UK and as evidence to employers of your right to work in the UK. You are free to switch employment.

[drcalm]

Hi Guys,

I've been reading this forum upside-down this whole day and while gaining lots of info there are still "gaps in the plot" I'm not sure about.

How long does it *usually* take to get the EEA2?
Does it matter if I've worked in the UK under tier 2 for 3.5 years, or that I'm a part-time student in oxford?

Is my passport taken during the whole process? Is my wife's passport taken?
Can I get in & out the UK in the meanwhile?

My wife's job demands traveling abroad at least once a week, she hasn't got her French ID with her- is her passport photocopy would be sufficient with the application?

Apologies for the mass-questioning, I'm just a bit confused here.

Thanks,

Terr

[Jambo]

How long does it *usually* take to get the EEA2?
Does it matter if I've worked in the UK under tier 2 for 3.5 years, or that I'm a part-time student in oxford?

Check the timelines thread in the forum. I don't think there is a "usual" figure. Anything from 2-6 months (and beyond).

What you do is irrelevant. It's the activities of the EEA citizen that count.

Is my passport taken during the whole process? Is my wife's passport taken?
Can I get in & out the UK in the meanwhile?

Both IDs are required. You can ask for them back at any point and it will not affect your application. In practice, this means giving away the passport for about 2 months (until you get it back).

My wife's job demands traveling abroad at least once a week, she hasn't got her French ID with her- is her passport photocopy would be sufficient with the application?

Need to be original. Best for her to get her French ID and submit one document (ID or passport) and use the other one for travel.

[Directive/2004/38/EC]

If she does not have a passport, she can always apply for one now before you submit your RC application.

[drcalm]

Thanks for the answers.

I spoke to one of the immigration law-firms today, they charge ridic 1500+vat to help with this process.

Apart of filling the form, should I expect any interviews?

[askmeplz83]

Thanks for the answers.

I spoke to one of the immigration law-firms today, they charge ridic 1500+vat to help with this process.

Apart of filling the form, should I expect any interviews?

such straightforward case. Don't pay a penny to anyone. You can do it yourself

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf
http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

[askmeplz83]

Thanks for the answers.

I spoke to one of the immigration law-firms today, they charge ridic 1500+vat to help with this process.

Apart of filling the form, should I expect any interviews?

Interview may be , may be not. But i don't think they will.

- Application form

- Photos for both

- Your wife one year pay slip

- Marriage certificate

- proof of address since marriage for both

Your work or study history is not required in this application


that's all you need to submit. Don't send too much information.

This is all i submitted for EEA2 and got 5 yrs resident stamp as family member of eu national