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Hi all,

I'd really appreciate if someone can tell me from their experience that, if I need to give up my Tier 2 when I get an approval from my EEA2 application?

My partner is from the EU, and I am currently on my Tier2 work visa. I have accumulated a few years towards a Indefinite Remain to Leave, which I will need to start again when I am on EEA2. So wonder if I could keep the two so if I need to change job, I can do so any time?

Thank you!

Vicky

The two can run simulataneously, but having an EEA2 does not relief you of your duty to comply with the conditions attached to your Tier2 work visa if you are looking to apply for ILR based on Tier2, if you fail to comply with the conditions of the work visa, ILR application will most certainly fail, but it's failure would not affect your status under the EEA regulations.

Thank you so much Dalebutt, if you have time, may I ask a few EEA2 question?

I just took a look at the EEA2 form, it states that that there is no legal requirement for a non-EEA family to apply for a residence card to confirm their right of residence in the UK. I'm married to a EEA national and on a Tier2 visa. Does that mean, even if I don't have a EEA2 residence card:

1) I can switch job anytime without needing a sponsor so long I remain married?
2) I can still travel in and out the UK without either a Tier2 visa or a EEA residence card?
3) I will be eligible to apply for the indefinite leave to remain five years since we got married?

Many thanks in advance, really appreciated.

Did you find an answer to this? I'm in the same boat. Would switch to EEA2 to have flexibility incase I get a new job offer but don't want to lose my 3 years of ILR I've built up.

This question is really very interesting but no one has exact answer even any guideline except saying that both visas can run same time. But I think if you can be able to do job with tier2 employer for remaining 2 years then its better for getting ILR. But if you are married with EU national already then why not you just not apply eea2 because its optional because many times caseworker donot return BRP or cancel the old visa, it can make complications.

Universal soldier wrote:This question is really very interesting but no one has exact answer even any guideline except saying that both visas can run same time. But I think if you can be able to do job with tier2 employer for remaining 2 years then its better for getting ILR. But if you are married with EU national already then why not you just not apply eea2 because its optional because many times caseworker donot return BRP or cancel the old visa, it can make complications.

How do you know there is no policy to back up the statement?

https://www.whatdotheyknow.com/request/ ... sidency_an

Where a person who has a right of residence under EU law makes a valid application for leave to remain under the Immigration Rules (which includes paying any applicable fee attached to such an application), that application will be considered on its individual merits in line with the relevant section of the Immigration Rules.

It is possible for a person to have a right of residence under EU law and to also have a valid grant of leave under the Immigration Rules at the same time.

If a person with an outstanding application for leave under the Immigration Rules decides that they wish to rely solely on their right of residence under EU law it is open for them to withdraw their application under the Rules. However, any fee paid for that application would be forfeited should the application be withdrawn

I don't think the link you provide is relevant here but I do believe to what other board folks say that two visas should exist but a lot of members with valid visas under UK immigration rules when applied eea2 then the caseworker always keep their BRPs or cancel old visas.

You don't have to think the link is relevant, what matter is what the link says, that is the official position of the HOME OFFICE.

A focus should also be made on the fact that tier2 is a points based category involving the issuance of BRP and BRP has got few terms & conditions to follow for its holders, which I believe may be the root cause to bring this confusion because as per one of the rule of BRP it must be surrendered when applying any new visa. But whether it must be surrendered or not incase when the applicant is applying under EU route is still uncertain. But many members not received back their BRPs when got eea2. The fact you saying I do equally believe that two visas should exist until its expiry and the fulfillment of the relevant conditions.

UKBA workers acts beyond their remits sometimes and make wrongful decision, and it doesn't mean whatever they do is right in law, until their actions have been challenged in court. I believe if the holders of the BRP have made a formal request for it, UKBA will be obliged to hand it back.

Just don't send the BRP. It is not required to support the application. Simples.

I have both Tier 1 (General), which expires on 28/11 this year and EEA2 RC. I've used both to come back into the UK after various foreign trips, and have never encountered any trouble.

I did not send my BRP with the EEA2 application in late 2012, because they are entirely unrelated.

I applied for my ILR on 01/09, but I did not send my RC with it. My RC is on a separate sheet of paper. It's quite convenient to have the stand-alone ISD while my passport etc are to be held for a long period of time.

I've been questioning myself about the wisdom of spending £1000+ ever since, but that's another story.

Even if I successfully receive my ILR despite many unpaid leaves abroad, I'll still use the EEA2 RC and bypass landing cards, endless non-EEA queues and other annoyances at the border.

Under EU route the old immigration history is irrelevant as long as the non-EU applicant can produce valid & unexpired passport. Therefore, sending/not sending BRP along with EU route applications shouldn't make difference but preferably don't send it.

vicky400 wrote:I'm married to a EEA national and on a Tier2 visa. Does that mean, even if I don't have a EEA2 residence card:

1) I can switch job anytime without needing a sponsor so long I remain married?

In law, yes. In practice, no. If you weren't who you said you were, your employer could be fined £20,000 if he hadn't seen your residence card.

vicky400 wrote:2) I can still travel in and out the UK without either a Tier2 visa or a EEA residence card?

If you have your own boat and your husband with you, yes. In practice, no, you would need an EEA family permit to return, though I think you might be able to do it where British immigration is working in France.

vicky400 wrote:3) I will be eligible to apply for the indefinite leave to remain five years since we got married?

If your husband remains a 'qualified person', e.g remains a worker for the full 5 years, you automatically get permanent residence, so irrelevant.

hi guys,

does anyone have a recent update regarding keeping bote the tier 2 visa and EEA family permit. the latest EEA (FM) application form has the following wording.

If you currently have, or last had:
• a residence card (biometric format) confirming your right to reside under the EEA Regulations, or
• a biometric residence permit confirming that you had been granted leave to remain under the Immigration Rules or Immigration Act 1971,
you must include this document with your application (unless you have already returned the document to us).

this means any current Biometric residence permits, wheter issued under immigration rules or EEA rules needs to be returned to the home office when submitting an application.

guidance please, since this is very important.

Have you got any clarification? I am in the same boat...

can anyone give any clarification yet. it seems like a person who wants to make an application under the EEA family rules would need to send any BRP's held. this means in most probability, the BRP which i hold under tier 2 will not be returned to me.