HELP: Switching to Tier 2 after making holding application.

[hammjav]

Hi Everyone

I was in UK since august 2009 on Tier 4 visa and I passed my MBA degree in july 2014 and I was offered a job, everything went well until my prospective employer failed to obtain COS because the COS allocation request was not done properly. As my Ter 4 visa was expiring in January 2015 I was advised by some consultant to make a holding application (EEA2) to maintain my lawful status in UK and to buy sometime for COS allocation to come through. I have few of questions if anyone can please help me with these.

1. What is the best option, requesting for another COS allocation before 05/04/2015 or applying for increase in annual COS allocation before 05/04/2015?

2. My Tier 4 visa expired on 06/01/2015, do I still qualify for exemption from RLMT?

3. As the holding application was made on form EEA2, what do you recommend with regards to Tier 2 application. Shall I vary the existing application to Tier 2 by applying via post or withdraw the existing application and file a fresh application under Tier 2 via the same day premium service?

Thank you..

[CR001]

application (EEA2)

On what basis have you applied for this? Do you have an EU spouse or EU girlfriend?

[hammjav]

I have British girlfriend but I do not want to involve her and at the time of EEA2 application I did not knew that they were submitting EEA2 form as my prospective employer sent me to these consultants and they paid for the fee aswell, it was last moment thing as my visa was expiring the very next day. Now I know submitting EEA2 application was a big mistake.

[CR001]

Well you aren't eligible for the EEA2 application if your girlfriend is British. It is only applicable to EU members exercising treaty rights in the UK and their non-EU partners (EU excluding UK). EEA2 fee is roughly about £55, so not a huge fee.

Not sure if your lawful status is maintained though as EEA2 would be an invalid application. Perhaps one of the other mods could advise.

[hammjav]

Well you aren't eligible for the EEA2 application if your girlfriend is British. It is only applicable to EU members exercising treaty rights in the UK and their non-EU partners (EU excluding UK). EEA2 fee is roughly about £55, so not a huge fee.

Not sure if your lawful status is maintained though as EEA2 would be an invalid application. Perhaps one of the other mods could advise.

Thank you CR001..

[hammjav]

Help!!! Anyone!!!

[Greenie]

I am afraid that this consultant has made a fundamental error and I would urge you to complain to whomever he is regulated by (presumably the oisc but possibly the SRA if he is a solicitor.

The problem is an eea2 application is not an application for leave to remain. It it an application for a residence card under the EEA regulations. It doesn't invoke the same rights under the immigration act (ie 3c) because it is not an application under the immigration rules. In my opinion therefore you are an overstayer because you do not qualify for an EEA residence card. When you make an eea2 application you are asking for confirmation that you have rights under the EEA regulations. You are not making an application to extend your leave, you can't vary this application to that of a tier 2 application. I would suggest you seek the advice of a reputable immigration solicitor to see if there is anyway out of this mess but in my opinion you've now overstayed for more than 28 days so you can't apply in country successfully, meaning you'll need to apply from outside of the uk, with a restricted COS and meeting the RLMT. If your visa expired more than 90 days go you'll be banned for a year.