Switch from EEA2 to tier 2 time duration

[phelun2017]

Hello Good people,

Your advice and tip will be helpful.

Present immigration status as below

Citizen : Non-Eu
Visa Type: EEA2 spouse visa (Wife from Europe)
Marital Status: Still Married(Married for 4years now)
Visa Expires: 2019
Life Situation : Wifey gone crazy !!!

Giving the above information, I am looking to switch from EEA2 to tier 2 visa. Looking at all the requirements, i tick absolutely all the boxes. And i have INFORMALLY spoken to my employer, and they confirmed with me that they can sponsor if need be. Though i have not officially asked them. A few questions guys.

I understand i have to go back to my home country to apply for the tier 2 visa, i am ready for this. Just a few question to clarify.

1. Can i get a premium service when applying(switching) to the tier 2 visa from my home country i.e same day service?
2. Do i have to apply for a new role within my present company, or can they sponsor me with my current role (IT engineer)?
3. If im refused the tier 2 visa, what happens to my valid EEA2 visa (Expires 2019)
4. When applying/switching for tier 2 visa, do i need to reference my partner in any way ?
5. What is the possibility i will be denied the switching from EEa2 to tier 2 visa?
6. I have been in the uk for 5yrs now, if i switch to tier 2, does that affect my 10yrs path ?

Other tips, links and advice is higly welcome.

Warmest Regards
Thanks

[alterhase58]

I am not an expert but my understanding is that you cannot carry over any time spent under EU rules to count for UK only immigration arrangements. That is, you will lose those years.

[CR001]

1. Can i get a premium service when applying(switching) to the tier 2 visa from my home country i.e same day service?

There is no 'same day premium service' for applications abroad. There is only 'standard' or 'priority'.

2. Do i have to apply for a new role within my present company, or can they sponsor me with my current role (IT engineer)?

They must do the full and proper RLMT process (assuming they are a licensed sponsor) to prove you have not been pre-selected.

3. If im refused the tier 2 visa, what happens to my valid EEA2 visa (Expires 2019)

Nothing.

4. When applying/switching for tier 2 visa, do i need to reference my partner in any way ?

Not necessary but if you are married/separated, you should state it.

5. What is the possibility i will be denied the switching from EEa2 to tier 2 visa?

Depends on the process your sponsor takes, RLMT, salary and whether you get the points or not. You either meet the requirements (points) or you don't. Most are refused due to RLMT not done properly and salary.

6. I have been in the uk for 5yrs now, if i switch to tier 2, does that affect my 10yrs path ?

No, but to apply for ILR based on 10 years long residence, you have to provide substantial documentation covering the WHOLE period that you relied on being a EEA Family member to prove that your spouse was a qualified person exercising treaty rights for the WHOLE period.

[phelun2017]

@CR001
Thanks a million for the detailed and clear answer, seriously do appreciate. One more question.

Though you already answered this but not very clear.

So presently i am employed with the company for 3months in a specific role(Software Engineer), and im counting on them to sponsor my visa in the nearest future.

Question.

1. Can they sponsor me based on the present role ?
2. Do i need to officially apply for a separate role within the company for the visa transfer ?
3. What can you suggest i start doing from this moment just to make sure im on the safe side?

Regards.

[CR001]

Is the SOC on the shortage occupation list?

1. Can they sponsor me based on the present role ?

Yes, provided the full and proper RLMT is conduction to prove there is no settled/British or EU citizen applying and suitable for the job.

2. Do i need to officially apply for a separate role within the company for the visa transfer ?

No, but you would need to follow the proper recruitment process and get offered the job and CoS after RLMT.

3. What can you suggest i start doing from this moment just to make sure im on the safe side?

Is the employer an official HO sponsor??

[phelun2017]

Ohh was not expecting a quick reply, once again a big thank you for your time and taking the efforts to reply, appreciate soooo much.

Yes the company is an official HO sponsor.

Any good tips/advice will be highly appreciated .

Thanks a million.

[phelun2017]

NOTE: I think i have asked this question before, but i have searched but cannot find the thread anywhere.

Hello all,

Presently on EEA2 visa, due to expire by 2019 Jan.
But due to partners and i misunderstandings plus post brexit shock, she left the country since late 2016.

I know with her absence things are not looking good for me. On the other hand i have requested my present employer to sponsor me for tier 2, and this is going to happen somewhere summer time this year.

Question,

How long does it take if i travel back to my country home to apply and get response?
I have read/heard different time line but not sure exactly. Anybody had such experience ?

What are the most important documents i will need ?
Some ideas from those who have done this before could be helpful.

As per eligibility in terms of the points for tier2, i qualify comfortably, just the above questions im not very sure about.

Thanks in advance
p

[CR001]

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