Applying for Tier 2 while on EEA family permit

[BenHmidaR]

Hello,
I have a general question. I am fully employed in the UK as a doctor with the NHS. Currently residing as a family member of a EEA national, now living with my partner for over 3 years and with 4 years left until my residence card is due. I have had a discussion with my partner and I will be travelling to Tunisia to meet see my mother.
I was wondering if it could be possible for me to apply for Tier 2 visa from there while still holding EEA residence card? Or will this cancel/ block my right of residence under European law?
In case Tier 2 application gets refused for whatever reason, will this effect my residence permit. I can certainly provide proof that I still live with my girlfriend. So basically I'm making a new visa application rather than switching which I fully understand I'm not eligible to do so.

I was thinking to do this as I am trying not to be fully dependant on her for immigration in event that circumstances change in anyway during the remaining 4 years.

Your advice would be much appreciated

[Richard W]

I was wondering if it could be possible for me to apply for Tier 2 visa from there while still holding EEA residence card? Or will this cancel/ block my right of residence under European law?
In case Tier 2 application gets refused for whatever reason, will this effect my residence permit. I can certainly provide proof that I still live with my girlfriend. So basically I'm making a new visa application rather than switching which I fully understand I'm not eligible to do so.

The only problem would be if the reason for refusal would be reason to deny you re-entry. The positions under EEA and non-EEA law run almost entirely independently, until such time (if ever) that you become British. There's a bit of interaction, but in practice interaction is to the benefit of the individual rather than to his detriment.

The only issue would be if you spent a long time (but less than 6 months) out of the UK; that might overstress your relationship. As you seem to know, breaking up with your girlfriend would terminate your right of residence under EEA law.

[BenHmidaR]

Thanks for the quick reply.
So from what I understand is that IT IS possible to send an application to the British embassy in Tunis for Tier 2 visa, correct me if wrong? I will only be going away for 5 weeks to visit my mother.

[Richard W]

Thanks for the quick reply.
So from what I understand is that IT IS possible to send an application to the British embassy in Tunis for Tier 2 visa, correct me if wrong? I will only be going away for 5 weeks to visit my mother.

I offered no opinion about the the effect returning to the UK would have on the application for a Tier 2 visa. You may have to get an opinion from the Tier 2 forum on that matter - or puzzle out the Immigration Rules for yourself. Your question is another that really needs to be in two forums simultaneously.