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Non EEA National UK Residence Card and Tier 2 Visa

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Peterkin
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Posts: 1
Joined: Sat May 02, 2015 11:10 pm

Non EEA National UK Residence Card and Tier 2 Visa

Post by Peterkin » Mon May 04, 2015 2:33 am

Hi,

I'm a German national working in the UK and my wife is an U.S. citizen who wants to relocate to London.
She holds a Tier 2 visa (Employer sponsored) and will enter the country with that.

However, in order to safeguard for the case that she should lose her job we decided that she should also apply for a Non EEA National Residence card, based on her being my wife, once she has entered the country.

I have two questions about that.

1. I need to prove in the residence card application that I am a qualified person:
https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Do I need to fill out the application for a registration certificate as a qualified person that is working or is it sufficient to prove that I am working via my payslips and a letter from my employer? According to these two documents the latter seems sufficient, but I want to make sure that I am not missing something. If yes, is there a point to filling out this certificate if I am in the working category and could just provide more easily the slip + employer letter?
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

2. What happens if my wife has applied for the residence card but loses her job during the processing period, i.e. her Tier 2 visa? Will she have to leave the country or can she stay on grounds of her being my wife? Will the residence card finish processing despite that?

3. With respect to 2. is it advisable for her to also apply in addition to her Tier 2 visa for the EEA family permit before entering the country?
On p. 5 of
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
It even says so explicitly that she should if I want to apply for the residence card, but I'm not sure if this takes into account the possibility of her having a Tier 2 visa.

Thanks in advance for your help.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Non EEA National UK Residence Card and Tier 2 Visa

Post by sheraz7 » Mon May 04, 2015 7:44 pm

1. If you have spare £65 then may send EEA1 application along with EEA2 application with same single set of evidences to get the confirmation that you are a qualified person (EEA1 is totally optional). Furthermore, if you (EU national) are working then few last months payslips and/or employer letter/job contract etc will be sufficient.

2. Since/if you are exercising your treaty rights then your partner will not need to leave the country even loosing her/his tier 2 sponsored jobs because apart of holding tier 2 visa he/she also have additional entitlement as the family member of EU national who do not have restriction to work only for one single employer.

3. An American national is a visa free national to UK who after entering UK can proceed straight to EEA2 RC application.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

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