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"Family member of EEA national" annotation in a regular Tier 2 visa

Posted: Fri Mar 23, 2018 4:46 pm
by mecsumit
Hi,
I have applied for a regular Tier 2 visa for the UK using the CoS application provided by my employer.

I want to know how can I apply for a "Family member of EEA national" annotation in my Biometric Residence Permit (BRP), as my wife is Dutch.

I understood, such a stamp in the residence permit will help me travelling with my wife to mainland Europe, without any visa requirement.

In the tier 2 visa application, there was no such option to tick for a "Family member of EEA national" annotation. So, I am not sure if the BRP that I will receive will already have that stamp.

If not, then how to apply for it?

Thanks for any sugestions or comments.

Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Posted: Fri Mar 23, 2018 4:53 pm
by CR001
No. You would need to apply for an EEA Residence card if you wanted that.

Tier 2 General and EEA RC are two completely separate sets of rules.

Why did you not apply for an EEA FP or EEA RC instead of the very restrictive Tier 2 General?

Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Posted: Fri Mar 23, 2018 5:36 pm
by mecsumit
Hi CR001,
Tier 2 is what my employer applied for. :(
I did inform them that my wife is Dutch and will be moving with me. Somehow it is of more interest for my employer if I get a tier 2 visa. May be something related to the CoS application that they file.

Thanks for answering anyway.
Is there any other way, that comes to your mind other than me applying every time for a tourist visa to go to EU mainland? Like some other family reunion permit?

Re: "Family member of EEA national" annotation in a regular Tier 2 visa

Posted: Fri Mar 23, 2018 6:18 pm
by secret.simon
As you are married to a Dutch citizen, your Tier 2 visa is redundant. Your rights as the spouse of an EEA citizen (provided your Dutch citizen spouse is resident and exercising treaty rights in the UK) supersede any limitations imposed by the UK Immigration Rules.

I suggest that you apply for a Residence Card based on your marriage to a Dutch citizen. As mentioned, that would supersede your Tier 2 visa.

Just keep in mind that your Dutch citizen spouse must be resident and exercising treaty rights in the UK for you to have a right to reside in the UK under EU law.