Tier 2 Extension or EEA (FM)

[akkke]

Respected Gurus,
First of all let me thank you for your valuable time. I wanted to request urgent advise on my upcoming extension. I have been in the UK now for 9 years and 1 month (continuous legal stay no refusals), previously as student and then switched to Tier 2 general in 2013. We had a compliance visit earlier this year and now my employers sponsorship was suspended in June 2016, and most certainly licence will be revoked so wont be able to extend my visa from my current employer.I have an offer from my current employers sister company which holds a licence and they are happy to go through the necessary RLMT and application process once everything goes fine i will be issued a COS. However, I am a bit apprehensive regarding HO raising the pre-selection question and thus not sure regarding this!
I am currently in an ongoing relationship with my Girlfriend (EEA national, working full time since day one for 2 years) for over a year and was planning to get married later this year. My current situation means I might have to forward the wedding as I might be eligible to apply for EEA (fm) application after marriage? so can someone please advise if i should go down the tier 2 switch employer route (expensive and risky) or the EEA (fm) route cheap and time consuming?
Also is it possible to register for the marriage and at the same time apply for tier 2 switch? If in case the application for tier 2 is refused can i still apply for EEA (fm) after marriage or will HO raise the marriage-of-convenience question?
Many thanks in advance.

[noajthan]

It's a valid option.
Noone can really say its best for you. Only you will know that.

You will know (the good from the bad) when you are calm, at peace.

Yoda

The burden of proof is on HO to prove a moc. So if your marriage is genuine that should not be an issue.

[akkke]

Thank you Legend.

[vinny]

The burden of proof is on HO to prove a moc. So if your marriage is genuine that should not be an issue.

There may be a problem, if they just initially declare, possibly without proof, that the marriage is one of convenience.

[akkke]

Thanks for your reply Vinny. Suppose if they do reject would I not be able to appeal with all the proofs that the marriage is genuine and not a MOC?

[vinny]

You may appeal, but unfortunately, it's an out-of-country appeal.