From tier 2 to EEA

[ukeea12]

Hello
We live in the uk for a year and a half now based on a TIER 2 visa I have and dependent for my wife and children. The T2 visa is in my none EU passport.

However I do hold a Romanian passport as well and given the change in the immigration rules I would like to switch into the EU route. What I was thinking to do is:
A. Leave the uk sad come back using my EU passport
--question: will that void my family's dependent visa?
B. apply for eea1 (just to 'clear the records'). I can do it in person in three weeks time
- same question: will that void the dependent visas?
C. Now the family: can they apply to eea2 in country or should they leave, apply for family permit, get in again and then apply for eea2?


Thanks

[Jambo]

You or your family don't need to leave the UK to switch to the EEA route. In fact, you are already on the EEA route as this happens automatically to EEA nationals and their family members. If you wish, your family can apply for a 5 years RC using form EEA2. You don't need to have EEA1. The RC (under the EEA regulations) can coexist with the current Tier-2 visa (under the UK immigration rules).

[ukeea12]

Many thanks for the response.

[EUsmileWEallsmile]

If you qualified for a tier2 visa, benign Romanian, I cannot see how you would not have qualified for a work permit even when restrictions were in place. You may find that your road to permanent residency commenced earlier than you'd thought.

There is no requirement for you to apply for a residence certificate (waste of £55 frankly). Your non-EU family members can, if they wish apply for residence cards. There is no obligation for them to do this, but it has some advantages (visa-free travel accompanying you to other EU countries).

[ukeea12]

Thanks for the answer.

I know that the eea1 is a waste of money (and time) - the thing is that the romanian Embassey in London wants that to renew my passport. This is the only reason

[EUsmileWEallsmile]

I'm not sure why the Romanian embassy would insist that you have a residence certificate. They will have their procedures of course, but the UK does not make the application of a residence certificate mandatory.

[ukeea12]

In my understanding, by the romanian embassy site, the eea1 is for one to prove he is a lawful resident in the uk. I agree with the romanian embassy that, from their perspective, it makes sense

[EUsmileWEallsmile]

In my understanding, by the romanian embassy site, the eea1 is for one to prove he is a lawful resident in the uk. I agree with the romanian embassy that, from their perspective, it makes sense

There is no UK requirement for registration, unlike some other EU member states. The embassy ought to be aware of this. You can apply for RC or challenge embassy requirement.