Switching from Tier 5 to EEA2

[icehot1]

Hey there! I'm currently in my final year of university on a Tier 4 visa, and will be switching to a Tier 5 Youth Mobility upon completion of my course. If I were to decide to settle down with my EEA boyfriend while staying in the UK on my Tier 5 visa, am I permitted to apply for the EEA2 Extended Family Member UK Resident Card? I've heard mixed stories about whether not this is permitted.

[noajthan]

Hey there! I'm currently in my final year of university on a Tier 4 visa, and will be switching to a Tier 5 Youth Mobility upon completion of my course. If I were to decide to settle down with my EEA boyfriend while staying in the UK on my Tier 5 visa, am I permitted to apply for the EEA2 Extended Family Member UK Resident Card? I've heard mixed stories about whether not this is permitted.

There is no boyfriend/girlfriend visa route into UK either under UK or EU regulations.

if you are in a durable relationship 'akin to marriage' you could apply for an EFM RC if sponsor/partner is exercising treaty rights in UK.

Good (if not unimpeachable) documentary supporting evidence would be required of:

• identity (both parties);
  relationship;
  sponsor treaty rights;

& etc.

[icehot1]

Hey there! I'm currently in my final year of university on a Tier 4 visa, and will be switching to a Tier 5 Youth Mobility upon completion of my course. If I were to decide to settle down with my EEA boyfriend while staying in the UK on my Tier 5 visa, am I permitted to apply for the EEA2 Extended Family Member UK Resident Card? I've heard mixed stories about whether not this is permitted.

There is no boyfriend/girlfriend visa route into UK either under UK or EU regulations.

if you are in a durable relationship 'akin to marriage' you could apply for an EFM RC if sponsor/partner is exercising treaty rights in UK.

Good (if not unimpeachable) documentary supporting evidence would be required of:

• identity (both parties);
  relationship;
  sponsor treaty rights;

& etc.

Hey Noajthan, thanks for your reply. So assuming I decide to get married while on my Tier 5, I am permitted to apply for an EEA2 RC?

[noajthan]

Hey Noajthan, thanks for your reply. So assuming I decide to get married while on my Tier 5, I am permitted to apply for an EEA2 RC?

It depends on your case.

To do so (successfully) you need to be in a durable relationship 'akin to marriage' (or married) AND with sponsor/partner is exercising treaty rights in UK.

Are you in a durable relationship?
Sponsor exercising treaty rights?
Rock-solid evidence to back your case?

[CR001]

You can't 'switch' to Tier 5 YMS within the UK (switch is only for within UK applications).

It is a new entry clearance visa which has to be applied from home country (assuming you are from a qualifying country).

[icehot1]

[It depends on your case.

To do so (successfully) you need to be in a durable relationship 'akin to marriage' (or married) AND with sponsor/partner is exercising treaty rights in UK.

Are you in a durable relationship?
Sponsor exercising treaty rights?
Rock-solid evidence to back your case?

Yes to all of the above

You can't 'switch' to Tier 5 YMS within the UK (switch is only for within UK applications).

It is a new entry clearance visa which has to be applied from home country (assuming you are from a qualifying country).

Yeah, my plans are to apply for one in Australia (my home country). As far as I know, my country is a qualifying country.

[noajthan]

You can't 'switch' to Tier 5 YMS within the UK (switch is only for within UK applications).

It is a new entry clearance visa which has to be applied from home country (assuming you are from a qualifying country).

Yeah, my plans are to apply for one in Australia (my home country). As far as I know, my country is a qualifying country.

If you have an EEA sponsor it's not very clear why you are bothering with T5 YMS.

[Casa]

How long have you lived with your boyfriend in a relationship 'akin to marriage'? Have you shared finances, joint tenancy, joint names on the utility bills etc., with the documented evidence to support this?

[icehot1]

According to my lease, I've been living with my partner for almost 2 years (longer than that because he wasn't added onto the contract until a much later date). I'm applying for a Tier 5 because I feel that I currently do not have sufficient evidence to submit an EEA2 application for the time being. Our only jointly addressed document is our tenancy agreement (along with a series of letters sent to the same address), and we only recently just started our joint bank account. Also, there's a training course I would like to enrol in which doesn't do student visas. Therefore I don't want to be forced to drop out of the course prematurely should the visa application fall through.

[Frontier Mole]

If you are going down the YMS route you need to apply from your home country. Assuming you come from a qualifying country.

Expect a tough time getting the visa because your expected route to remain post graduation is Tier 2 General. So any attempt to return on YMS will be looked at with some suspicion.

The EEA route even with limited paperwork etc is much safer

[Casa]

I think your earlier suggestion about marrying while on a Tier5 visa may have been missed. If you do decide to marry in the UK, as a foreign National you would have to give notice to marry at a Home Office designated Registry office. The Registrar will then be legally bound to notify the Home Office who can extend the notification period from 28 to 70 days in order to interview you both if they choose to do so, before the wedding can take place.
Proof of previous co-habitation 'akin to marriage' won't be required.

[Frontier Mole]

Any mention of marriage at T5 YMS application would equal a refusal.

If you contemplate T5 be very very careful about your intent. If it is clearly to remain in the UK and is a route to enter to then get married; then the intent question gets raised and the credibility of your application gets hammered.