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Applying for Tier 2 while on EEA family permit

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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BenHmidaR
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Applying for Tier 2 while on EEA family permit

Post by BenHmidaR » Thu Aug 24, 2017 6:25 pm

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 for a few weeks.
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

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CR001
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Re: Applying for Tier 2 while on EEA family permit

Post by CR001 » Thu Aug 24, 2017 7:20 pm

Being refused tier 2 should not affect your current residence permit. They are two separate sets of rules and requirements.

You need a sponsor and RLMT will need to be done I believe before you can be offered a job and issued a CoS. You need to apply from home country.
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BenHmidaR
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Re: Applying for Tier 2 while on EEA family permit

Post by BenHmidaR » Thu Aug 24, 2017 7:26 pm

What is RLMT and how do I get that done, and is that something that applies for all who wish to apply for TIER 2?

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CR001
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Re: Applying for Tier 2 while on EEA family permit

Post by CR001 » Thu Aug 24, 2017 7:30 pm

It applies to the majority of Tier 2 General applicants. You first need to find a company or apply for jobs from a company that is a licenced tier 2 general sponsor.

The sponsor does the RLMT (resident labour market test) for at least 28 days, to prove to HO that no British/EU or person with PR is available for the job.

Once the RLMT is complete, only then can you be offered the position after you have passed the interview/recruitment process. Once offered, the sponosr issues you a CoS (certificate of sponsorship). You cannot apply for the visa if you do not have a valid CoS.

You apply online and pay the visa fee plus the Immigration Health Surchage.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

BenHmidaR
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Re: Applying for Tier 2 while on EEA family permit

Post by BenHmidaR » Sun Aug 27, 2017 5:45 pm

Something I haven't mentioned and I do appreciate your guidance.
The EEA family permit that currently hold was issued by the home office. Would that not raise suspicion from the HO regarding why I'm applying for an independent visa while holding a permit that allows me to work already?
Or would that still be treated as a separate process regardless of the situation?

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CR001
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Re: Applying for Tier 2 while on EEA family permit

Post by CR001 » Sun Aug 27, 2017 5:53 pm

It is a separate process and different rules.
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