Applying for EEA Extended Family Member while on Tier 2

[londonquestion]

Hi all!

Apologies if this should be posted in the Tier 2 section, I wasn't quite sure as it overlaps with both.

I am currently in the UK on a Tier 2 (general) work visa. I am from the US but have been living here in the UK with my EU partner (Spain) since September 2014. We are not married but have been in a relationship since November 2012.

Even though I am on Tier 2, I am now wanting to apply for EEA2 (I think is the right one?) as it seems to have less restrictions in terms of my ability to change jobs should I wish to and overall seems less restrictive. I could be wrong on this point so please call me out if you don't agree

My questions are:

1) Is it possible (or even advisable) to change from Tier 2 to the EEA permit for extended family members?

2) Are all EEA family permit applicants invited for interviews? (just a general question)

3) is there anything you all would suggest I look out for or be aware of should I go forward with my EEA application (i.e. potentially losing Tier 2 if EEA application is denied, applying from outside or within UK, etc)?

Thanks in advance everyone! This forum is fantastic and I'm happy to be posting here for the first time

[noajthan]

Welcome.

Moved to EEA forum.

[noajthan]

Hi all!

Apologies if this should be posted in the Tier 2 section, I wasn't quite sure as it overlaps with both.

I am currently in the UK on a Tier 2 (general) work visa. I am from the US but have been living here in the UK with my EU partner (Spain) since September 2014. We are not married but have been in a relationship since November 2012.
...

My questions are:

1) Is it possible (or even advisable) to change from Tier 2 to the EEA permit for extended family members?

2) Are all EEA family permit applicants invited for interviews? (just a general question)

3) is there anything you all would suggest I look out for or be aware of should I go forward with my EEA application (i.e. potentially losing Tier 2 if EEA application is denied, applying from outside or within UK, etc)?

Thanks in advance everyone! This forum is fantastic and I'm happy to be posting here for the first time

1) Assuming you mean RC not 'permit'.
Yes
Maybe - but note you won't have right to work confirmed under auspices of EU route until RC is issued.

2) You can't apply for FP from UK, only a RC.
No.

3) Right of work not confirmed until RC is issued; (assuming success). Budget for that if current visa is close to expiring.
There is no 3C rule for those on EU route. Think about that if you have no other basis to remain in UK (eg visa expired).
If visa expires before RC is granted you will be an overstayer.

Based on above, suggest apply well before end of current visa.
If RC is refused and visa has expired you will have no basis to remain in UK.

Ensure all documentary supporting evidence is rock-solid if not unimpeachable.
Particularly evidence of relationship 'akin to marriage' and of sponsor's treaty rights.

Get into the head of the caseworker who will assess and weigh up your case here:
https://www.gov.uk/government/uploads/s ... als_v3.pdf

[Geneiva]

Hi Londonquestion,

I've just finishing the last leg of the process going from Tier 2 to EEA-EFM (kiwi with German partner). My Tier 2 will expire just before I get the response back on my RC.

My employer has immigration lawyers who advised that they can confirm my right to work while my application is being processed, and even in the event it is declined, I will be able to continue working while I re-apply (minus a few weeks delay). If you are with a large company they will likely have an immigration lawyer you can speak to on this - definitely worth checking with the pros.

You can apply within the UK and your Tier 2 is still valid even if the RC is declined. Only watchout is that you have to submit your passport with the application, and it takes a few months before they give it back.

Good luck!

[noajthan]

Clearly right to work persists if a previous T2 is still valid. No lawyers required.
But there is no 3C for an EFM RC play. No lawyer can help with that.

As with most things in life, timing is of the essence.

[londonquestion]

Hi all!

@noajthan: Thanks for the advice! My visa still has a couple of years left on it but I would like to apply for the RC asap regardless. Thanks as well for the link, I was looking for something like that to help guide me through preparing the evidence.

@Geneiva: Congrats on finishing up the process and thanks for commenting! Quick question for you: would you mind providing a quick summary of the evidence you submitted with your application?

Thanks again for all of your help!