Changing from Tier 5 YMV to EEA2 Residence Card

[dockabros]

I was looking for some advice on this. I am an Irish national working in the UK as a teacher. My wife is a Canadian citizen and we got married in Edinburgh in January 2012. My wife entered the UK on a 2 Year Tier 5 Youth Mobility Visa on August 27th 2010 so it expires today (August 27th 2012).

However, before we got married in January this year we phoned the UKBA and they stated that once we were married that my wife's status as a Tier 5 visa holder would be superseded by her status as the non-EU spouse of an EU citizen (me) exercising my treaty rights in the UK from the moment of our marriage, leaving us free to apply for using the EEA2 route.

We did so earlier this month but it was sent back to us last week as they want a few extra pieces of evidence to cofirm my employment. However, we won't have these until the end of the week but my wife's Tier 5 "expired" today. However, the UKBA won't be aware of my wife's status as the non-EU spouse of an EU citizen until we reapply for the EEA2 later this week. Therefore, are they going to assume that she has overstayed the Tier 5 visa and can we expect the UKBA to break down the door and try to deport her even though she has been here legally as my wife since January 2012 and not on a Tier 5.

Any advice?

[EUsmileWEallsmile]

I was looking for some advice on this. I am an Irish national working in the UK as a teacher. My wife is a Canadian citizen and we got married in Edinburgh in January 2012. My wife entered the UK on a 2 Year Tier 5 Youth Mobility Visa on August 27th 2010 so it expires today (August 27th 2012).

However, before we got married in January this year we phoned the UKBA and they stated that once we were married that my wife's status as a Tier 5 visa holder would be superseded by her status as the non-EU spouse of an EU citizen (me) exercising my treaty rights in the UK from the moment of our marriage, leaving us free to apply for using the EEA2 route.

We did so earlier this month but it was sent back to us last week as they want a few extra pieces of evidence to cofirm my employment. However, we won't have these until the end of the week but my wife's Tier 5 "expired" today. However, the UKBA won't be aware of my wife's status as the non-EU spouse of an EU citizen until we reapply for the EEA2 later this week. Therefore, are they going to assume that she has overstayed the Tier 5 visa and can we expect the UKBA to break down the door and try to deport her even though she has been here legally as my wife since January 2012 and not on a Tier 5.

Any advice?

There is no need to be concerned. Your wife is entitled to be with you.

...as they want a few extra pieces of evidence to cofirm my employment.

I am curious about the statement above. What did you provide in the first instance?

[dockabros]

Thanks for your help. The UKBA seem to be very adept at stating that you can't change from one points-based visa to another but the website has next to no information about changing from UK visas regulations to EU regulations. Strange that.

I got my employer to fill out section 6 of the EEA2 form and date and stamp it as well as providing my employment contract. Section 6.10 states you only need to supply one piece of supporting evidence hence the contract.
Lo and behold it got sent back also looking for a letter from my employer (surely the contact details i.e. phone number, address and email of my employer in section 6 would allow them to contact them and confirm this) and also a recent pay slip.

Surely if it states in section 6.10 that you are only required to submit one of the three possible pieces of evidence the refusal letter is a bit churlish. Either state you should submit all three or don't; the Kafkaesque wording and interpretation of the form is risible.

Again I appreciate your help and any thoughts on the above?

[EUsmileWEallsmile]

Thanks for your help. The UKBA seem to be very adept at stating that you can't change from one points-based visa to another but the website has next to no information about changing from UK visas regulations to EU regulations. Strange that.

I got my employer to fill out section 6 of the EEA2 form and date and stamp it as well as providing my employment contract. Section 6.10 states you only need to supply one piece of supporting evidence hence the contract.
Lo and behold it got sent back also looking for a letter from my employer (surely the contact details i.e. phone number, address and email of my employer in section 6 would allow them to contact them and confirm this) and also a recent pay slip.

Surely if it states in section 6.10 that you are only required to submit one of the three possible pieces of evidence the refusal letter is a bit churlish. Either state you should submit all three or don't; the Kafkaesque wording and interpretation of the form is risible.

Again I appreciate your help and any thoughts on the above?

Regarding proof of being a worker, the 2006 immigration regulations state

In the case of a worker, confirmation of the worker’s engagement from his employer or a certificate of employment

Whilst the directive states

a confirmation of engagement from the employer or a certificate of employment

Looks like you provided good evidence.

You are working, your wife is with you. Neither of you require leave to enter or remain in the UK. You're fine.

If you haven't done so, please read and familiarise yourself with directive 2004/38/EC.

[dockabros]

Thanks, you confirmed what I knew already. I'm familiar with the directive so I was surprised that the application was sent back to me when I provided sufficient evidence of employment in the first application.

I'm getting the impression that the UKBA are very "liberal"in their interpretation of the rules and are looking for unnecessary extra documentation. However, they are the ones who decide whether my wife gets her RC or not (even though she doesn't need it legally - but that's another thread on its own - why does she even need to apply for this card as she was automatically conferred with EU spousal rights back in January, the UKBA don't "confer" these rights, she already had them as far as the directive is concerned) so we'll have to play ball, reapply and send in the extra documents they want.

Thanks for your help again. So difficult to track down any accurate information on the whole Tier 5 / EEA2 issue anywhere else on the web so this web site is a God send! Keep up the good work!