Can I be in the UK on two different grounds (visas)?

anjelala · Post by **anjelala** » Sat Nov 17, 2012 6:35 pm

Hi,

I was wondering if anyone knows whether you can be in the UK under two different grounds and both 'visas' being valid?
(Sorry, wasn't sure which board this would go on, so I went for this one)

In my case - I am on a Tier 2 (General) Migrant visa, but intending to apply for a residence card as the family member (partner, not married) of an EEA citizen.

If I get the residence card, will my Tier 2 visa be cancelled (curtailed, or whatever they call it). Or can I have both concurrently and they both count.

The reason I ask is that I'm not yet sure on what grounds I'm going to apply for ILR/Citizeenship, so want to have the timer on both running at the same time.
(The toss up is: shorter time with Tier 2 (2 more years), but tied to my employer versus longer time on EEA card (5 more years), but could work anywhere)

Thanks in advance!

Ikonkar · Post by **Ikonkar** » Sat Nov 17, 2012 10:09 pm

anjelala wrote:Hi,

I was wondering if anyone knows whether you can be in the UK under two different grounds and both 'visas' being valid?
(Sorry, wasn't sure which board this would go on, so I went for this one)

In my case - I am on a Tier 2 (General) Migrant visa, but intending to apply for a residence card as the family member (partner, not married) of an EEA citizen.

If I get the residence card, will my Tier 2 visa be cancelled (curtailed, or whatever they call it). Or can I have both concurrently and they both count.

The reason I ask is that I'm not yet sure on what grounds I'm going to apply for ILR/Citizeenship, so want to have the timer on both running at the same time.
(The toss up is: shorter time with Tier 2 (2 more years), but tied to my employer versus longer time on EEA card (5 more years), but could work anywhere)

Thanks in advance!

Hi,
Simple answer 'NO' you cannot be in the UK with 2 different status. Your latest one would count. So if you apply for eea card your tier 2 would be curtailed. It goes bit like this for ex. If you we're a student issued with a student visa for 3 years and during this duration you obtain a work permit your student visa won't have any value to it anymore. UKBA cannot say or tell you to work as per the conditions of student visa . So it's simple. However regarding the ILR if you have been residing legally for 10 years then you can apply for ILR.

Hope this helps
Thanks

Post by **Greenie** » Sat Nov 17, 2012 10:27 pm

Ignore the previous poster. The answer is yes. The immigration rules and the Eea regulations are separate. As long as you continue to comply with the conditions of your tier 2 leave then you can continue with both routes.

Post by **Jambo** » Sat Nov 17, 2012 10:49 pm

I agree with Greenie. Visa under the UK immigration rules (tier-2 in your case) and being under the EEA regulations can co-exist. Your existing visa will not get curtailed by the HO when you apply for Residence Card.

Ikonkar · Post by **Ikonkar** » Sat Nov 17, 2012 11:28 pm

Jambo wrote:I agree with Greenie. Visa under the UK immigration rules (tier-2 in your case) and being under the EEA regulations can co-exist. Your existing visa will not get curtailed by the HO when you apply for Residence Card.

Sorry may be I was wrong!

anjelala · Post by **anjelala** » Sun Nov 18, 2012 12:32 am

Thanks so much for your answers!!

I assume the reason I can have both is, as Greenie said, the UK immigration rules and the EU rules regarding the EEA residence card are separate. The UK can't stop me getting a residence card (if I meet he EU's criteria).

For the benefit of future readers, I'd assume that you can't hold two UK visas (ie those defined under the UK's immigration rules like in ikonast's example) at the same time. (Statement, but can anyone confirm?)

I'm excited at the prospect of getting my residence card! So if I get the perfect job offer I can actually consider taking it!!

Post by **Jambo** » Sun Nov 18, 2012 12:45 am

anjelala wrote:For the benefit of future readers, I'd assume that you can't hold two UK visas (ie those defined under the UK's immigration rules like in ikonast's example) at the same time. (Statement, but can anyone confirm?)

This is correct.

Post by **sheraz7** » Sun Nov 18, 2012 8:32 am

Jambo and greenie both are saying right. Because if a person already hold visa under uk rules and even upon getting the eea2 rc then ukba neither cancell their old visa nor write anything about old visa that clearly means that two status can exist together till its (old visa) expiry.

GMB · Post by **GMB** » Mon Nov 19, 2012 12:11 am

I currently hold a valid visa under UK rules -- type FLR(O) -- and also have a Residence Card under EU rules. UKBA was fully aware of the FLR(O) when I submitted the EEA2 application, but they made no effort to cancel the original visa.

anjelala · Post by **anjelala** » Thu Jan 10, 2013 9:23 am

I just called the UK Border Agency Immigration enquiry bureau. Their advice was that you can't be in the UK under two immigration statuses.

(Which seems to contradict other people's experiences?)

Has anyone else got a different or same answer from the Border Agency?

I got the feeling that the person at the call centre wasn't 100% sure. I'm not sure whether I should call again to corroborate?

Post by **sheraz7** » Thu Jan 10, 2013 9:28 am

Your query has already got correct answers at above. I bet if you call later and speak with different telephone operator you will listen different story and so on.

smalldog · Post by **smalldog** » Thu Jan 10, 2013 10:39 am

I would tend to trust the advice from regular posters on this forum more than UKBA frontline staff.

Nimitta · Post by **Nimitta** » Thu Jan 10, 2013 10:54 am

smalldog wrote:I would tend to trust the advice from regular posters on this forum more than UKBA frontline staff.

I agree. Thanks to all gurus on the immigrationboards who help us understand the EU laws.

anjelala · Post by **anjelala** » Tue Jan 29, 2013 3:45 pm

Nimitta wrote:
smalldog wrote:I would tend to trust the advice from regular posters on this forum more than UKBA frontline staff.
I agree. Thanks to all gurus on the immigrationboards who help us understand the EU laws.

Lol. How embarrassing for UKBA that this is probably true. I wonder if Theresa May knows this.

I just tried calling the Border Agency ( 5 times).
Immigration Enquiry Bureau is not accepting calls (after making me listen to 3 minutes of recorded messages and menus).
The European Enquiries line - every option I choose ends up with some recorded message and them hanging up. Do any of the options end up with a real person? I must have tried every single one by now.

What's your advice? Should I continue trying to pursue the Border Agency for a proper answer or should I just go ahead and apply for the EEA residence card and hope that my Tier 2 isn't curtailed?

I only have 11 months left before I can get ILR so I don't really want to take the risk.. but I need longer leave to remain to get my mortgage.

Thanks!!

grumman · Post by **grumman** » Tue Jun 25, 2013 5:36 pm

Hi Anjelala,

Did you apply for eea residence card? If you did, did you try to apply for ILR under Tier 2 and how did it go?

Thanks in advance

As a general question to all esteemed members of this forum: Have someone heard about successful ILR applications under Tier (1/2) route with applicant having applied and granted eea residence card in the middle of this 5 years period?

anjelala · Post by **anjelala** » Tue Jun 25, 2013 5:55 pm

Grumman - I just PM'd you my long story....

For everyone else - no I never did apply for the residence card, and I'm not yet eligible for ILR so haven't been able to test the BA.

At the moment, I am trying to contain my frustration (that's a nice word) on dealing with the BA, so have decided not to think about it for a while.

I certainly would also be keen to know whether anyone has successfully gotten ILR under Tier 2 with a EEA RC issued during their time...

Post by **sheraz7** » Tue Jun 25, 2013 6:03 pm

anjelala wrote:
I certainly would also be keen to know whether anyone has successfully gotten ILR under Tier 2 with a EEA RC issued during their time...

The time spend under Tier 2 and EEA2 RC cannot be adjustable between each other for getting ILR/PR normally after 5 years. But I believe if you hold both types and continue to meet the conditions of relevant visa you can claim ILR/PR because two visas can co-exist.

grumman · Post by **grumman** » Tue Jun 25, 2013 6:10 pm

sheraz7 wrote:
anjelala wrote:
I certainly would also be keen to know whether anyone has successfully gotten ILR under Tier 2 with a EEA RC issued during their time...
The time spend under Tier 2 and EEA2 RC cannot be adjustable between each other for getting ILR/PR normally after 5 years. But I believe if you hold both types and continue to meet the conditions of relevant visa you can claim ILR/PR because two visas can co-exist.

Thank you sheraz7, I will have 5 years under Tier 2 this August. It would be good to hear if someone applied under similar conditions.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Can I be in the UK on two different grounds (visas)?

Can I be in the UK on two different grounds (visas)?

Re: Can I be in the UK on two different grounds (visas)?

eea residence card and tier 2 status