Switch from EEA to Tier 2 general

[hkhan50]

Hi

I have a quick query regarding Tier 2. I have been living in the UK since 2009, first entered as a student and then switched to Tier 1 Post Study Work. I then applied for an EEA residence permit as I married a european national but my case was refused. We appealed the UKBA decision and has been ages since we have appealed, waiting for a hearing date.

I have been offered a job by a company that holds a Tier 2 sponsor licence, and they said that because your status is uncertain we would like to sponsor your visa so we can retain you for long term. I am a chartered certified accountant by profession. My query is, can I switch to Tier 2 general now? I have been looking up online but cannot find something relevant.

Although I had applied for a EEA residence permit, I have not been granted one and I was previously granted leave to remain under Tier 1 general. This is what is confusing me.

Would like some advice on this please!

[noajthan]

If you are the spouse of an EEA sponsor exercising treaty rights then possessing a RC, which is simply a confirmatory document is optional.
A RC in itself does not confer any rights; your rights derive from your sponsor.
If employer will take you on on that basis then all good.