Immigrationboards.com

Hi everyone!
My situation is relatively simple and common (I thought!), however I am unable to find a straight forward answer. I had an initial consultation with the lawyers and realised later that I was told incorrect information!
I am an Australian on a Tier 2 work sponsorship visa, and am due to marry an Italian citizen (EEA citizen) in London. Once we are married, I would like to terminate my Tier 2 visa and switch to some sort of spouse visa.
I initially thought it was the EEA family visa that I would need, however EEA family visa is for application outside UK and I am already inside/ working in UK being on the Tier 2 work sponsorship visa.
Is it the UK residence card that I should be applying for? And does anyone have experience applying and how long the process is?
Thanks in advance!

ECYT wrote: ↑

Fri Mar 15, 2019 1:07 pm

Hi everyone!
Once we are married, I would like to terminate my Tier 2 visa and switch to some sort of spouse visa.

No need to terminate your Tier 2 visa (read below).

I initially thought it was the EEA family visa that I would need

The EEA route is NOT a "visa". Instead, it's a document confirming your rights as the family member of an EEA citizen, which is issued under EU law.

FYI, A "visa" is permission to stay or work issued by a government under their domestic law, and does not refer to automatic rights (e.g. can be revoked). Do not refer to your EEA leave as a visa.

Any leave issued under EEA law is not mutually exclusive with a visa issued under UK law, so you do not need to cancel your current Tier 2 once you have your EEA Residence Card. Just leave your Tier 2 to expire normally, without extending it.

EEA family visa is for application outside UK and I am already inside/ working in UK being on the Tier 2 work sponsorship visa.

Again, this is not a visa, it's called a Family Permit, and it is designed to allow entry into the UK. As you are already in the UK, you are correct in understanding this is not what you need.

Is it the UK residence card that I should be applying for?

It's the Residence Card for the Family Member of an EEA citizen, and yes, this is what you need to be applying for.

And does anyone have experience applying and how long the process is?

The process takes one month on average (check latest timelines here), and I understand you can still apply until December 2020. All info here: https://www.gov.uk/apply-for-a-uk-residence-card

Thank you very much for your detailed advise!
One more question... does the EEA/UK Residence card grant me rights to work in UK if I decide to terminate my sponsorship visa?

ECYT wrote: ↑

Wed Mar 20, 2019 1:08 pm

Thank you very much for your detailed advise!
One more question... does the EEA/UK Residence card grant me rights to work in UK if I decide to terminate my sponsorship visa?

It grants you the right to work. Full stop.

Thank you for confirming!