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Visa switch to Tier 2?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Visa switch to Tier 2?

Post by nemerkh » Wed Feb 01, 2017 10:09 pm

Not sure where to put this section wise.
I am noneu married to an eu citizen. Pr due 2018 but we have been here for 10 years and pretty much settled hence looking into back up in case things go tits up with the brexit saga.

https://www.gov.uk/tier-2-general/switch-to-this-visa

I had a read through this, mainly interested in the lower paragraph where it says that if a doctor (which i am) visa switch is possible without leaving abroad to apply.

Where do i stand having an eea2 now with regards to visa switching to tier 2, if it comes to an ultimatum would it possible to do? Thanks.

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Visa switch to Tier 2?

Post by MrSlyFox » Wed Feb 01, 2017 10:17 pm

I believe it clearly states:
Eligibility
You must already be in the UK under any of the following visas or schemes:
Tier 1 visa
Tier 2 (Sportsperson) visa
Tier 2 (Minister of religion) visa
Tier 2 (Intra company Transfer: established staff) visa and you’re applying to change sponsor
Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
Tier 4 visa, or you’re on another kind of student visa - read ‘Switching from a Tier 4 visa’ below
Tier 5 (Temporary Worker - Creative and sporting) for a job as a professional footballer and you meet the Tier 2 (Sportsperson) requirements
Highly Skilled Migrant Programme
Innovator Scheme
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme)
Business and Commercial work permit (except multiple entry work permits)
Sports and Entertainment work permit (except multiple entry work permits)

You can also switch to a Tier 2 (General) visa if you’re:
a dependent partner of someone with a Tier 4 visa
a Jewish agency employee
operational ground staff of an overseas-owned airline
a minister of religion, missionary or member of a religious order
an overseas qualified nurse or midwife
writing up a thesis
a postgraduate doctor or dentist
a representative of an overseas business
a representative of an overseas newspaper, news agency or broadcasting organisation
a student union sabbatical officer
Of which EEA Residence isn't acceptable as it is not listed
You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.
Do note all those listed above are types of Visas, i.e.postgraduate doctor or dentist is a type of visa

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Visa switch to Tier 2?

Post by nemerkh » Wed Feb 01, 2017 10:25 pm

You can also switch to a Tier 2 (General) visa if you’re...

The statement above is confusing as it says you can ALSO switch bla bla meaning its like a follow up to the eligibility? Bit confusing.

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Visa switch to Tier 2?

Post by MrSlyFox » Wed Feb 01, 2017 10:28 pm

nemerkh wrote:You can also switch to a Tier 2 (General) visa if you’re...

The statement above is confusing as it says you can ALSO switch bla bla meaning its like a follow up to the eligibility? Bit confusing.
I can see why you would be confused but those are types of visas still just not in the points-based system

see the former category of postgraduate doctors and dentists: -Now Closed to new applicants -
https://www.gov.uk/government/uploads/s ... sdenti.pdf
Last edited by MrSlyFox on Wed Feb 01, 2017 10:34 pm, edited 2 times in total.

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Visa switch to Tier 2?

Post by nemerkh » Wed Feb 01, 2017 10:30 pm

I see thanks.

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Visa switch to Tier 2?

Post by MrSlyFox » Wed Feb 01, 2017 10:39 pm

nemerkh wrote:we have been here for 10 years
You could apply to settle based on long residence:

https://www.gov.uk/long-residence/overview

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Visa switch to Tier 2?

Post by nemerkh » Wed Feb 01, 2017 11:21 pm

Hi
I just read through this. Is this actually a thing i can use in my status?? Jesus thats what i was looking for!! Been on here for couple of years never heard of it!

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Visa switch to Tier 2?

Post by Obie » Thu Feb 02, 2017 12:13 am

Giving the history of this OP's case, i do not believe that he can avail of the Long residence provision, if he could not qualify for PR under the Regulations.
Seasons greetings to everyone and a prosperous 2020

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Visa switch to Tier 2?

Post by nemerkh » Thu Feb 02, 2017 12:14 am

Yes i got a bit overexcited just had a read through and it states doesnt apply to eea routes.

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Visa switch to Tier 2?

Post by MrSlyFox » Thu Feb 02, 2017 12:41 am

nemerkh wrote:Yes i got a bit overexcited just had a read through and it states doesnt apply to eea routes.
It does if you had a right of residence under the EEA provisions:
However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national or their family members exercising their treaty rights to reside in the UK.
Page 24 - Long Residence
https://www.gov.uk/government/uploads/s ... ce-v14.pdf

However as Obie realised (Thankyou Obie, I didn't realise the full facts of this nemerkh Situation)
Giving the history of this OP's case, i do not believe that he can avail of the Long residence provision, if he could not qualify for PR under the Regulations.
If you haven't LEGALLY resided in the UK for a full ten years you cannot settle under the ten-year route

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