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Switch from Tier 2 to EU citizenship

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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NinaK
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Posts: 2
Joined: Mon Jun 18, 2018 3:05 pm
Czech Republic

Switch from Tier 2 to EU citizenship

Post by NinaK » Mon Jun 18, 2018 3:33 pm

Hi,

I have a very specific situation here. I am currently a visa national and have been in the UK since Sept 2016 on Tier 2 visa. My sponsorship ended on April 30th 2018 and within the two months I've had multiple job offers, yet all withdrawn due to the current atmosphere and uncertainty related to visas, although I just needed a switch.
I am currently still in the UK, I have not received a curtailment letter so far and am awaiting to receive my EU citizenship any day now ( I have previously lived in an EU country for a decade and am currently a permanent resident there eligible for a citizenship).

My question is:

1. If my visa is not curtailed by the time I get my new citizenship and re-enter the country, will those 1.8 years I've stayed here count towards ILR, as there would be an employment gap longer than 60 days? Also, I fail to understand, is only the time I was unemployed taken out, or it is the full length of the stay that is becoming invalid once the gap is longer than 60 days?
2. In case my visa is curtailed and I manage to get back with my new EU passport within the 60 days of the grace period, will the time spent on Tier 2 count towards my future ILR application?
3. Can I travel out of the country and return within my curtailment period? I was afraid to risk it, so have not travelled for the last two months, since I ended my employment.

I was a high-end earner and have never claimed any benefits and have no problem to support myself for a while. I just would like not to lose these years I was here, as I plan to settle in the UK in the future.

Thank you very much for your help, I am really confused at the moment, as my life is on a standstill, because with the current citizenship it seems to be impossible to get a job and I've stopped looking for one, until I have my citizenship.

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CR001
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Re: Switch from Tier 2 to EU citizenship

Post by CR001 » Mon Jun 18, 2018 3:41 pm

You cannot combine time under the UK Immigration rules and the EU rules to make up 5 years for PR. You cannot apply for ILR under the UK immigration rules if you have not held a UK PBS or Settlement visa for the full 5 years.

As an EU citizen, you need 5 years of exercising treaty rights to qualify for PR. Brexit is the obstacle at the moment as no certainty of what will be in place at that point.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

NinaK
Newly Registered
Posts: 2
Joined: Mon Jun 18, 2018 3:05 pm
Czech Republic

Re: Switch from Tier 2 to EU citizenship

Post by NinaK » Mon Jun 18, 2018 5:47 pm

Hi Char,

Thanks for the prompt reply. Is my understanding correct that in that case I'd either have to stay on Tier 2 or wait till 2023 to apply for an ILR or whatever would be in place then? I will stay under the same NIN, so I hoped my stay in the country would be traceable. Too bad😔😔😔

According to HO current website all EU citizens that enter the country before March 2020 will be guaranteed the right to stay, correct? Also, once I come back with the EU passport, do I need a registration certificate? Thank you once again, much appreciated!

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