From Tier 5 to EEA

[cygnus]

Background:

I am an Australian, and have been in the UK since June, on Tier 5. I am employed. My fiance joined me in August, she's Dutch, currently job seeking. We got married in Australia in November.

Question:
Can I switch to non-EEA family permit from Tier 5? Do I just fill in EEA1 and EEA2 forms? What are the implications?

Thanks.

[tahlia0114]

You can apply for a RESIDENCE CARD on form EEA2. EEA1 is optional.

You need to provide us with proof that the family members included on your application are related to you as claimed. To demonstrate this, you will need to provide original marriage, civil partnership or birth certificates. If you are living with a partner who is not your spouse or civil partner, you will need to provide proof that you are in a durable relationship. You would generally need to show us that you have been in a subsisting relationship for two years or more. This could be through joint bank or building society statements, joint tenancy agreements, council tax bills or evidence that you are both paying utility bills at the property at which you reside.
https://www.gov.uk/government/uploads/s ... ideeea.pdf

As you are newly wed, it would be best to show that you have been in a subsisting relationship for at least 2 years. Just to prove there was no 'marriage of convenience'. This is not vital, but it would help.