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I'm just after some reassurance, really.
I have been on a Tier 2 sponsored visa since August, 2012, and I have just been granted a residence card as a family member of an EU national (durable relationship – we have been together for 5 years and are getting married in January). The card clearly says “EU Right to Reside” and “Work Permitted”, but I haven’t got the accompanying letter from the Home Office yet.
Basically, I’m just after some reassurance that if I hand in my resignation now, that I can definitely stay in the UK. I was expecting to get a letter saying that my Tier 2 visa had been terminated and I had been granted this residence card, which would have been very clear and unambiguous. However, as far as I know, my Tier 2 visa still exists. So presumably, my employer will notify the UKVI that I’m no longer working for them and terminate my CoS. Will the UKVI then automatically send me a curtailment, or will it come up on their system that I have the right to reside as a family member of an EU national? Will they send me anything at all?
I would really like to change career, back to what I was doing before I got my current job. However, the ability to do this as a Tier 2 migrant is very limited. I just want to make sure that I can really and truly leave my current job now without getting kicked out of the UK!

Thanks

I just want to make sure that I can really and truly leave my current job now without getting kicked out of the UK

If you have a valid residence card based on your EU partner, you are free to move employment. HO will know you have a residence card if your Tier 2 is cancelled (if not already) once your employer notifies them. You don't need a letter from HO re. residence card, the card is proof enough. Any letter you receive about your Tier 2 G visa curtailment/cancellation is purely admin process.

That's brilliant, thank you!

hi yvonna,
i am in a similar situation as you. i want to keep both my Tier 2 visa and at the same time get an EEA family member residence card. however, when i look at the EEA(FM) appliation form, it asks for the current BRP card to be mandatory included with the application.

did you send in your BRP? did you get it back?

Hi there,

Yes, I sent it in along with my passport and they returned it when the application had been completed. They just use it as a supporting document - they don't require you to surrender it.

It did feel a bit uncomfortable to be without any of my documents for 5 months, but there were no problems.

asif2133 wrote:hi yvonna,
i am in a similar situation as you. i want to keep both my Tier 2 visa and at the same time get an EEA family member residence card. however, when i look at the EEA(FM) appliation form, it asks for the current BRP card to be mandatory included with the application.

did you send in your BRP? did you get it back?

Yes and yes.
You can also request your passport and BRP back while the application is decided. Look at my timeline, I got them back in September, while still waiting from my RC.