(EEA2) RC application while on Tier 2

[Hadopi]

Hello everybody,

I have been reading the forum avidly over the last few weeks, and the information has been very helpful so far. However, I could not find answers to some of the questions I have about my application for a Residence Card.

Context: I have been working in the UK with a Tier 2 visa since mid-2019. I have been living with my boyfriend for the last four years, including before moving to the UK (pre-2019).

As he is European, we thought it would be great if I applied for pre-settled status (EUSS) as unmarried partner before the deadline of June 2021. Before doing so, I read (somewhere on the forum ) that a Resident Card (RC) is pretty much necessary, and thus I applied for it in December 2020. As part of the documentation, I sent my current Biometric Residence Permit (BRP) (for tier 2). I received my case ID from the home office today.

I have several questions regarding the implications of my RC application:

• Will they return my tier 2 BRP? I have read in some threads that it had not been returned to some people. Given that I will need my passport and BRP to travel in April, I have filled the return form to request both (no response yet).

• If they won't return my BRP, does that mean that I am not tier 2 anymore? Can't I have both? Does it have implications on my job since I was hired by my sponsor under tier 2?

• I am aware that I may not receive the Resident Card before June. Thus, I am considering applying for the pre-settled status as unmarried partner regardless in April. does that make sense or is it pretty much hopeless?

These questions make me a bit anxious, and I am even wondering if I should just cancel my application rather than lose my current BRP I am also considering getting a consultant to advise me on all this and to take care of the process given how complex it is, do you have any recommendations?

Many thanks!
A.

[kamoe]

• If they won't return my BRP, does that mean that I am not tier 2 anymore?

I do not think they will keep your BRP because your application and/or getting a EEA Residence Card does NOT cancel your Tier 2.

Can't I have both? Does it have implications on my job since I was hired by my sponsor under tier 2?[/list]

Yes you can have both. It is not possible to have 2 permits under UK rules, but EEA documents like residence cards are not under UK rules. So you can have a EEA Residence Card and a Tier 2 at the same time, yes.

• I am aware that I may not receive the Resident Card before June. Thus, I am considering applying for the pre-settled status as unmarried partner regardless in April. does that make sense or is it pretty much hopeless?

You cannot apply for the EUSS as unmarried partner without a EEA Residence Card, so you have no choice but to wait for it.

These questions make me a bit anxious, and I am even wondering if I should just cancel my application rather than lose my current BRP I

If you cancel your application to the EEA residence card, you would be renouncing your eligibility to the EUSS entirely.

The only reason you might be eligible is because you submitted an application for a EEA Residence Card before the deadline, which has now passed. If you withdraw, you would not have a card, and therefore would not be able to apply as unmarried partner. And if you got married in the future, you would not qualify either, since you needed to have gotten married before December 31st 2020.

am also considering getting a consultant to advise me on all this and to take care of the process given how complex it is, do you have any recommendations?

I personally do not see any complexity here. Many people (including myself) have done the exact manoeuvre by themselves without any kind of professional help.

I find that people who pay for someone to handle their visa applications fall into two groups: extremely uninformed people, or people critically averse to paperwork.