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In Tier 2 appeal process, but also getting EU passport

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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bazbazbaz
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Posts: 26
Joined: Mon Dec 01, 2014 9:40 pm
Canada

In Tier 2 appeal process, but also getting EU passport

Post by bazbazbaz » Tue Apr 12, 2016 2:50 pm

I'm in the Tier 2 appeal process because my application to extend my Tier 2 General visa was refused. I haven't heard back on the appeal yet. I have until the end of the month to apply again.

Parallel to this I've just found out I've been granted citizenship in another EU country. They're issuing me a birth certificate and I will be able to apply for a passport, meaning I assume my Tier 2 will no longer be needed when I have a new passport (or ID card..?)

How should I handle this - is it a good idea to inform the Home Office of the change in circumstance? Or should I continue on with the appeal / Tier 2 re-application given that I don't have an EU passport yet?

Thank you

iworker
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Re: In Tier 2 appeal process, but also getting EU passport

Post by iworker » Tue Apr 12, 2016 3:13 pm

its your choice really.. they dont want to know if you now have a new citizenship or not. once u get EU passport, you will be free to come in the UK

bazbazbaz
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Posts: 26
Joined: Mon Dec 01, 2014 9:40 pm
Canada

Question regarding re-entering the UK with EEA ID card

Post by bazbazbaz » Fri Apr 22, 2016 9:27 am

I have a Canadian passport with Tier 2 visa which expires 1 May. Currently living/working in the UK.

Just got Portuguese citizenship. In the process of getting a Portuguese citizen ID card.

May need to visit Canada to visit a sick family member. If I leave the country and come back what documentation do I need to show I can return to work if I want to re-enter as an EEA citizen and not via my Tier 2 visa?

Will my Portuguese ID card and Canadian passport suffice if I am to return to the country to work?

Thanks

ohara
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Location: hiding in a badger sett

Re: Question regarding re-entering the UK with EEA ID card

Post by ohara » Fri Apr 22, 2016 9:57 am

You should be able to enter the UK and work with just the Portuguese citizen card. This is somewhat the whole point of the European Union. :)

bazbazbaz
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Posts: 26
Joined: Mon Dec 01, 2014 9:40 pm
Canada

Urgent, go off Tier 2 & re-entering UK on EEA residence card

Post by bazbazbaz » Sat Apr 30, 2016 11:14 am

Hi,

I'm a new Portuguese citizen with a new Portuguese ID card, but currently I'm a Canadian on Tier 2 which expires 1 May.

I have a job in the UK. I have given my employer my new ID. I have mailed immigration enforcement with a copy of my new Portuguese ID card explaining my situation.

I am leaving to Belgium tomorrow and re-entering the UK on the Portuguese card later that day so I can enter the UK as an EEA citizen. Does entering the UK this way count as an application for the EEA route? Or do I need to formally apply for the EEA (QP)?

I'm really paranoid I'm doing something wrong, what should I be doing to show I can work in the UK?

Thanks

ohara
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Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett

Re: Urgent, go off Tier 2 & re-entering UK on EEA residence

Post by ohara » Sat Apr 30, 2016 12:25 pm

Your Portuguese citizen card is proof of your right to work in the UK :roll:

jhm3
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Joined: Mon Sep 14, 2015 10:47 am

Re: Urgent, go off Tier 2 & re-entering UK on EEA residence

Post by jhm3 » Sat Apr 30, 2016 12:50 pm

And, to be clear, there is no need to make a special trip in order to enter the UK as an EEA citizen. As an EEA citizen, you have a right to work, and your EEA ID card is sufficient as proof of that for the purposes of the checks that your employer is required to make (and has already made in this case, apparently).

Strictly speaking, there is no such thing as an application to "switch" onto the EEA route. You simply have free movement rights by virtue of your citizenship. Applying for a registration certificate (the EEA(QP) process) is optional and would, in any case, only serve to confirm the rights you already have. It probably was a good idea to send that letter explaining the situation to the Home Office -- so that, with your Tier 2 appeal still pending, they (hopefully) won't flag you as an overstayer or something -- but basically you are free to come and go and work with your Portuguese documentation now.

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