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Eea --> tier 2

Posted: Thu Jul 21, 2016 7:36 am
by nemerkh
Brexit wise, wanted to ask. Am a noneu family member been here for 9 years on 2nd eea1/2 due pr in 2018.
Technically speaking, i tick all the boxes for tier 2 shortage. Permanent doctors job on shortage list. Dunno much about tier 2 but my question is, if i could switch over to tier 2 whilst in the uk regardless of cost, and get a guaranteed 5 yrs then renew another 5 yrs on the same basis then getting ilr/naturalise, my family and i would be much reassured than the eea route thats hanging in the air now. Anybody knows anything about switching from eea to tier 2 route whilst still in the UK? Thanks.

Re: Eea --> tier 2

Posted: Thu Jul 28, 2016 7:31 pm
by noajthan
nemerkh wrote:Brexit wise, wanted to ask. Am a noneu family member been here for 9 years on 2nd eea1/2 due pr in 2018.
Technically speaking, i tick all the boxes for tier 2 shortage. Permanent doctors job on shortage list. Dunno much about tier 2 but my question is, if i could switch over to tier 2 whilst in the uk regardless of cost, and get a guaranteed 5 yrs then renew another 5 yrs on the same basis then getting ilr/naturalise, my family and i would be much reassured than the eea route thats hanging in the air now. Anybody knows anything about switching from eea to tier 2 route whilst still in the UK? Thanks.
You can also switch to a Tier 2 (General) visa if you’re:
a postgraduate doctor or dentist
https://www.gov.uk/tier-2-general/switch-to-this-visa

Re: Eea --> tier 2

Posted: Fri Jul 29, 2016 12:07 am
by Richard W
Unhappily, to switch as described there, one must already have or have had leave to remain. There's no clause allowing mere lawful residence in the relevant rule, Rule 245HD. So far as I am aware, the OP has not had leave to remain - he's purely on an EEA route.

I'm not sure if I'm missing something, but I think Nemerkh would have to apply for entry clearance (Rule 245HB)? Could he apply from abroad during his holiday?

If this is possible, I would suggest that he ensure his wife remain a qualified person - I think there is a good change the EEA route will proved what is needed. Most people expect the UK still to be in the EEA at the end of 2018.