Switch from EEA to Tier 2

[hjamil7]

Hi,

I'd applied for EEA Extended Family Member Application in January 2017 when my Student Visa expired. I'm currently looking for a full time job in a company that can also be able to sponsor me as I need a Tier 2 General Sponsorship.

Is it possible to switch from EEA to Tier 2 or Tier 4?

[CR001]

If your student visa has already expired, then no you cannot as you have no legal status in the UK. You will need to apply from your home country.

Switch to Tier 2 Visa (click)

Who is the EU citizen that you have based your EEA EFM application on?

[hjamil7]

I applied for EEA the day before my Student Visa expired. I just sent my Passport. and wrote 'Documents to follow' in every section of the application.

[CR001]

Who is the EU citizen that you have based your EEA EFM application on?

Who is the EU family member?

Have you sent any documents? If you have not, you should expect an invalid application to be returned. You cannot just write 'documents to follow' and submit an application and expect HO to process it or wait for you.

It makes no difference when you sent the application, you are NOT covered by section 3C when you make an EEA EFM application and therefore you have no valid leave to remain in the UK from the day after your student visa expired, so you are now an overstayer. Section 3C ONLY covers you for applications under the UK immigration rules.

You also have no automatic rights as an EEA Extended Family Member.

[hjamil7]

I was looking for a job in a company that can sponsor me so when my student visa was about to expire, my solicitor suggested me to apply for EEA application in order to stay legal and he told me that when you find a company that sponsors you, then you can easily switch to Tier 2. And I share no relation with a guy my solicitor has showed the relation with, in my EEA application. And he told me not to submit the biometric as it will delay your application further. Now two biometric requests have gone through and i didn't submit either. I didn't know at that time that i can't switch to Tier 2 from EEA.

Is there any way now to switch to Tier 4 Student Visa or does same immigration rule applies on Tier 4 too?

[CR001]

I was looking for a job in a company that can sponsor me so when my student visa was about to expire, my solicitor suggested me to apply for EEA application in order to stay legal and he told me that when you find a company that sponsors you, then you can easily switch to Tier 2.

I hope you didn't pay for such poor advice. Is this a proper solicitor or an OISC immigration advisor?
On what date did your student visa expire? How long have you been in the UK??

And I share no relation with a guy my solicitor has showed the relation with, in my EEA application.

You submitted an application when you don't actually have an EU family member. What has your solicitor 'shown' as the 'relation' to the EU citizen? This is deception, you have lied to HO and provided false information.

And he told me not to submit the biometric as it will delay your application further. Now two biometric requests have gone through and i didn't submit either.

You only get two opportunities and then your application is returned as invalid/refused.

I didn't know at that time that i can't switch to Tier 2 from EEA.

You are an overstayer, so you will need to return to your home country and apply.

Is there any way now to switch to Tier 4 Student Visa or does same immigration rule applies on Tier 4 too?

The same rules apply. You are an overstayer, with no section 3C protection and you have deceived HO by submitting a frivolous application you do not even qualify for.

An EEA EFM application is NOT an application under the UK Immigration rules but comes under the EU Directive/rules and there are VERY specific requirements that YOU must meet to qualify as an extended family member, which you clearly don't.

This is not good for your immigration history.

[hjamil7]

Right. Now I think it's better to withdraw my application rather than HO refusing it first? And how long it takes HO to make a decision for this type of application? Because I think my 2nd biometric request came in two weeks ago.

[CR001]

It shouldn't take long if you have had 2 biometrics letters already and have sent no supporting documents and you clearly don't qualify for this permit.

[hjamil7]

Alright. Thank you so much for the help. Really appreciate it.

[secret.simon]

I was looking for a job in a company that can sponsor me so when my student visa was about to expire, my solicitor suggested me to apply for EEA application in order to stay legal and he told me that when you find a company that sponsors you, then you can easily switch to Tier 2. And I share no relation with a guy my solicitor has showed the relation with, in my EEA application.

This is shockingly bad legal advice from a solicitor, not to mention that his total lack of ethics could have long-term implications on any future UK immigration applications by you.

I strongly suggest that you complain about him to both the OISC and SRA.