Non-EEA (Tier 2) with EEA partner: should I switch?

[kangourette]

Below, the discussion was about transferring/switching visa categories. But, I was wondering whether anyone can confirm if your Tier 2 automatically becomes invalid when you apply for an EEA family member visa and vice versa? From my experience, I suspect this is not the case...

My situation is similar to the OP, I had a Tier 2 visa, then applied for an EEA partner visa after 2 years of co-habitation without telling my employer. When my T2 visa was up for renewal (after I received the EEA partner visa), my employer renewed it. When I enter the UK, I alternate between the 2 to make sure they are both still valid, and I've never had an issue! Does this mean that my T2 5 year clock is not reset?

I also do wonder what will happen if I leave my current employer? After reading articles in the Guardian about the Home Office throwing people out of the country, I do hope that the Home Office realises that I have these 2 visas...

[secret.simon]

If you have a Residence Card (as the unmarried partner of an EEA citizen) under the EEA Regulations, you cannot be subject to the UK Immigration Rules. They are mutually exclusive. Therefore, my understanding is that your Tier 2 visa will have ceased as of the date of issue of your EEA Residence Card. Did you inform your employer that you are now resident in the UK on the basis of your EEA Residence Card?

5.Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.

As an aside, status under the EEA Regulations are not visas, but rights certified by the Home Office. As rights, they supercede any visa issued under the UK Immigration Rules.

[vinny]

See also the Home Office’s interpretation.

[lunallena]

I currently hold two BRPs (EEA EFM and Tier2). I have entered the country using both and had not been told anything by immigration officers. My Tier2 is expiring in May 2018 so I will find out what my employer says if my contract gets extended... so I can't tell you yet.

"Does this mean that my T2 5 year clock is not reset? " I do think your clock is reset. As others have pointed out, these regulations are independent so from the moment your Tier2 expires, your clock is reset unless you extend this leave. In my case, I might apply for ILR based on 10 years when the time comes (I have been in the UK for 7 years) but even in this case is not clear my application would be successful because I am mixing regulations. If this doesn't work I might just stick to whatever regulation will be in place for European family members or just leave the UK. Only time will tell.