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Should I apply for EEA FP or EEA RC - Currently Tier 2

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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tbird
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Posts: 2
Joined: Wed Sep 14, 2016 11:37 am

Should I apply for EEA FP or EEA RC - Currently Tier 2

Post by tbird » Fri Sep 23, 2016 11:21 am

Hi everyone,
Trying very hard to research similar situations but haven't found one just yet and I'd like to confirm a few things!

I'm currently on a Tier 2 General work visa. I would like to open my employment options so am planning on marrying my partner who is an EEA National exercising treaty rights. We are planning on getting married/honeymooning in my home country outside the UK and it was there that I thought I should apply for my EEA Family Permit as entry clearance. However, I've been reading boards and I'm seeing that as I currently have leave to remain on my Tier 2 visa, I don't need to first apply for a FP - I can apply straight for a Residence Card from within the UK. Is this correct?

What are your experiences/suggestions? We're planning on leaving the UK for a bit to visit my family anyway so applying from outside the UK isn't a problem but I'm thinking that the HO favours accuracy so it seems more consistent that I should apply for a RC whilst in the UK? Which would be the correct/best option?

All help/advice very much appreciated!

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Should I apply for EEA FP or EEA RC - Currently Tier 2

Post by noajthan » Sat Sep 24, 2016 12:57 pm

tbird wrote:Hi everyone,
Trying very hard to research similar situations but haven't found one just yet and I'd like to confirm a few things!

I'm currently on a Tier 2 General work visa. I would like to open my employment options so am planning on marrying my partner who is an EEA National exercising treaty rights. We are planning on getting married/honeymooning in my home country outside the UK and it was there that I thought I should apply for my EEA Family Permit as entry clearance. However, I've been reading boards and I'm seeing that as I currently have leave to remain on my Tier 2 visa, I don't need to first apply for a FP - I can apply straight for a Residence Card from within the UK. Is this correct?

What are your experiences/suggestions? We're planning on leaving the UK for a bit to visit my family anyway so applying from outside the UK isn't a problem but I'm thinking that the HO favours accuracy so it seems more consistent that I should apply for a RC whilst in the UK? Which would be the correct/best option?

All help/advice very much appreciated!
Yes, FP if outside UK.

Or apply for optional RC if in UK (this is not a visa).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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