Coming off Tier 2 with a COA (EEA FM applied)

[A5hJ500%]

Hi everyone,

I am hoping to get an answer to this as I am confused, and cannot seem to get an accurate answer from solicitors

I am currently on the Tier 2 work permit, which is due to expire in 2019. However I got married to my EEA partner in March, applied for my RC and just received my COA with the right of work

My questions are as follows:

1) Can I now come off the Tier 2 work permit while remaining in the same company? I would like to drop to a part time role and my wages will not meet the Tier 2 requirement.

2) If I do come off the Tier 2, will my employer have to inform the HO about it and cancel my Tier 2 or will that automatically be done as part of my RC application since I provided them with my Tier 2 BRP?

3) Will coming off the Tier 2 and working with just the COA have any impact when it is time for me to apply for ILR? Will it cause any issues?

Thank you in advance for your help

[CR001]

I will answer what I can.

1. Not sure, but should be ok as your rights are now through your EU partner having switched routes from UK immigration to EEA Rules.

2. Your employer will likely have to inform HO as part of their responsibilities but HO will obviously be aware of it already.

3. Yes. They are two different routes, one leading to ILR and one leading to PR. You cannot combine Tier 2 time with EEA time to make up the 5 years to apply for ILR (under UK immigration rules). You need 5 years as Tier 2 for ILR OR 5 years as EEA FM for PR. Your PR qualifying time starts from zero from date of marriage.