Can I switch from Student Tier 4 to an EEA Family Permit

Hi Guys,

I am Lebanese and a student on Tier 4 here in the UK since September 2014. this is my second Tier 4 after finishing my masters and now I'm doing PhD. however my GF who is Spanish is coming to stay with me and we are planning to get married. I've known her for a year now. And I was wondering if it's possible to switch from Tier 4 Visa to an EEA family permit after we get a civil partnership. Any idea how long this process might take? and Am I permitted to work full time in the UK if I was on an EEA Family Permit?

Any help is greatly appreciated in advance. Many thanks

jawadsabra wrote:Am I permitted to work full time in the UK if I was on an EEA Family Permit?

You would want to apply for an EEA Residence Card, not Family Permit. A Family Permit is valid for six months and confers no right to work. The Residence Card is valid for five years and does include the right to work.

Remember that moving from Tier 4 to any EEA based visa will reset your clock and that your PR will require five years from the time you switched to the EEA visa.

Also, your Spanish wife must exercise treaty rights (work, seek work or study) in the UK for five years for you to get PR. If she returns to Spain, your rights under the EEA Regulations may expire.

Essentially, for the five years you will be on the EEA Residence Card, you will be completely dependant on your Spanish spouse.

Once you apply for a notice to marry or engage in a civil partnership the HO would call you for an interview after which you will be allowed to get married provided that they're convinced your relationship is genuine.

After this you can apply for a Residence card as the family member of an EEA national using for EEA FM.



Best of luck

secret.simon wrote:

jawadsabra wrote:Am I permitted to work full time in the UK if I was on an EEA Family Permit?

You would want to apply for an EEA Residence Card, not Family Permit. A Family Permit is valid for six months and confers no right to work. The Residence Card is valid for five years and does include the right to work.

Remember that moving from Tier 4 to any EEA based visa will reset your clock and that your PR will require five years from the time you switched to the EEA visa.

Also, your Spanish wife must exercise treaty rights (work, seek work or study) in the UK for five years for you to get PR. If she returns to Spain, your rights under the EEA Regulations may expire.

Essentially, for the five years you will be on the EEA Residence Card, you will be completely dependant on your Spanish spouse.

chriskv1 wrote:Once you apply for a notice to marry or engage in a civil partnership the HO would call you for an interview after which you will be allowed to get married provided that they're convinced your relationship is genuine.

After this you can apply for a Residence card as the family member of an EEA national using for EEA FM.



Best of luck

Hi Guys,

Many thanks for your responses, very helpful. I have actually clarified the fact that I will apply for a residence permit directly and not the EEA family permit. Thanks for that.

I have also read that once I apply for the residence permit I would be able to get a certificate of application that would allow me to work full time in the UK, is this correct? is there any difficulty in getting the COA?

Also my wife would not be going back to Spain as her and I have decided to reside in the UK, I don't think there will be an issue there.

Again many thanks for your helpful and quick contributions.

Hello!

Am from Spain as well but, my soon wife to be is from Middle East and doing her PhD just like you. Can i ask you, it's been a year since you posted your question, did you apply for the EEA permit or for the Residence card immediately? was your application successful ? how long it took? As we are kind of in the same situation as your's and your girlfriend but the vis versa. I would appreciated any information that can help us.
Many thanks.