Switching from ICT Tier 2 Long Term WP to EEA2 Residence Card

[rdgr2019]

Hello Expert(s)!

I have been searching for quite some time on existing threads regarding my particular situation : "Switching from current ICT Tier 2 long team WP to EEA2 Residence Card", but there are still some unanswered questions , so here goes :

My current situation :
1) I am currently working in the UK on ICT Tier 2 long term visa due to expire (i.e, completing 5 years) in Sept 2021 . Needless to mention , I already have a BRP card for the same.
2) I am Indian by nationality
3) I am due to get married to my fiance , who is an EU national (Italian) ,on Sept 2019 (in 1.5 months)
4) My Fiance is working (Software Engineer) in London (for last 3 years) and holds an Italian National Identity Card.

Questions :
1) Since I am already in the UK, I do not need to apply for an EEA Family Permit , but can skip that and directly apply for EEA2 Residence Card. Please can you confirm this understanding?
2) Since I already have my BRP card , with "Type Of Permit" as "T2 ICT LONG TERM LEAVE TO REMAIN", do I need to re-submit my biometric information (fingerprints and recent photograph) ?
3) Is this the URL to apply for EEA2 Residence Card online ? https://visas-immigration.service.gov.uk/product/eea-qp
4) Alternatively (to online), is this the PDF form to apply for EEA2 Residence Card ? https://assets.publishing.service.gov.u ... -03-19.pdf
5) How long does it take (from date of application), to receive the EEA2 Residence Card (provided all evidence/supporting documents are in place) ?

Looking forward to hearing back for some MUCH NEEDED guidance and clarity!

Thanks!

[kamoe]

1) Since I am already in the UK, I do not need to apply for an EEA Family Permit , but can skip that and directly apply for EEA2 Residence Card. Please can you confirm this understanding?

Yes, you can skip it.

2) Since I already have my BRP card , with "Type Of Permit" as "T2 ICT LONG TERM LEAVE TO REMAIN", do I need to re-submit my biometric information (fingerprints and recent photograph) ?

Yes, you need to submit biometrics again.

3) Is this the URL to apply for EEA2 Residence Card online ? https://visas-immigration.service.gov.uk/product/eea-qp

No. There is no online form to apply for EEA Residence Card.
As it is clearly indicated in its title, this link is the application form for registrations certificates for EEA and Swiss nationals, so something you cannot apply for. It's your fiancée who could apply for it, but this is completely optional.

4) Alternatively (to online), is this the PDF form to apply for EEA2 Residence Card ? https://assets.publishing.service.gov.u ... -03-19.pdf

Yes. As clearly indicated in its title, this link is the application form for a registration certificate or residence card for family members of an EEA or Swiss national, so something you qualify for.
As said above, this is not an "alternative", it's the only way.

5) How long does it take (from date of application), to receive the EEA2 Residence Card (provided all evidence/supporting documents are in place) ?

Last time I checked, about a month.
Check the timelines thread dedicated to keep track of this here.

Also please note that depending on your circumstances it may or might not make sense for you to apply directly to Pre-Settled status instead. Both EEA and EUSS routes are still available, although you and your fiancée would need to have applied to the Settlement Scheme by December 2020 if you want to stay in the UK after Brexit. The decision is entirely, up to you, more info on pros and cons of both options are available in this post.

[rdgr2019]

Thanks a lot @kamoe ! That exactly what I wanted to know

Also, is it advisable to wait for sometime (say a month) after the wedding , to apply for EEA2 Residence card ? I have heard applying right after the wedding could inadvertently make it look like a marriage of convenience ? ( although I really fail to understand how waiting a month proves a marriage is genuine - I would think the home office would rely more on substantial proof like vacationing together, meeting each other’s families , affidavit by my and/or groom’s parents , their proven attendance in the wedding etc , than how soon/or late I apply for EEA2 RC) ...

Thanks !

[rdgr2019]

Also please note that depending on your circumstances it may or might not make sense for you to apply directly to Pre-Settled status instead. Both EEA and EU Settlement Scheme routes are still available, although you and your fiancée would need to have applied to the Settlement Scheme by December 2020 if you want to stay in the UK after Brexit. The decision is entirely, up to you, more info on pros and cons of both options are available in this post.

I read the post on "EEA RC/PR vs (Pre)Settled Status" , and have the following questions :

a. EEA Route:
Pros :

• Don't have to deal with uncertainty of assignment end and prospect of leaving UK as a consequence

• Which translates to not being forced to part from my husband

• Free to opt out to other employers for work - not restricted to same employer

Cons :

• Valid till Dec 31st, 2020 LATEST.

Can you please confirm the above understanding ?

b. Continue with Tier 2 ICT:
Pros :

• Valid till Sept 2021 (longer than EEA RC validity - 31st Dec 2020)

Cons :

• Have to live with uncertainty of assignment end and prospect of leaving UK as a consequence

• Restricted to same employer and not free to switch to different employer from within the UK

• MUST leave the UK after Sept 2021

Can you please confirm the above understanding ?

c. BOTH of us apply for Settlement Scheme (We will BOTH fall under pre-settled status)
*** applicant(me) does not already have a biometric card issued under the EEA route (RC)
*** I however have BRP for ICT Tier 2 till Sept 2021
Pros :

• My husband and I can stay in the UK for a further 5 years from the date we get pre-settled status.

• My husband and I can then apply to change this to settled status once we've got 5 years’ continuous residence.

Cons:

• I will still need a Schenghan Visa to travel to Italy and other EU countries (not UK).

Please confirm the above understanding ?

In light of the fact that BOTH of us want to live together, work and eventually settle in the UK, which out the above 3 options is most advisable ? I would think OPTION c .. but please confirm .
*** Another nagging question - Can I apply directly for Settlement Scheme, once I'm legally married, without first acquiring an EEA2 RC ?

Many Thanks!

[kamoe]

a. EEA Route:
Pros :

• Don't have to deal with uncertainty of assignment end and prospect of leaving UK as a consequence

• Which translates to not being forced to part from my husband

• Free to opt out to other employers for work - not restricted to same employer

Cons :

• Valid till Dec 31st, 2020 LATEST.

Can you please confirm the above understanding ?

Please note that a document issued under the EEA route is issued outside the UK immigration system, and therefore can coexist with a visa issued under UK immigration system. In other words, you can have a valid EEA RC at the same time that a valid Tier 2 visa or a EUSS document. This means that your Tier 2 visa will not be curtailed if you apply for your EEA RC. What cannot coexist are two documents issued under the UK immigration system, like a valid Tier 2 visa at the same time that a valid EUSS document.

Otherwise, yes, your understanding of the general benefits of the EEA RC are correct.

b. Continue with Tier 2 ICT:
Pros :

• Valid till Sept 2021 (longer than EEA RC validity - 31st Dec 2020)

Cons :

• Have to live with uncertainty of assignment end and prospect of leaving UK as a consequence

• Restricted to same employer and not free to switch to different employer from within the UK

• MUST leave the UK after Sept 2021

Can you please confirm the above understanding ?

Even if you do not apply for an EEA RC, the second you are married to an EU citizen you automatically acquire the right to reside in the UK as long as your spouse resides and exercises treaty rights (e.g. works full time) in the UK. Getting married and not applying for an EEA RC would not be the best idea, as you would need a document to prove your residence right to landlords and letting agencies/mortgage lenders, if you want to change houses, or to other companies that you can work, e.g. if you wanted to leave your job, but technically speaking, you won't be illegal and won't be forced to leave the country.

Now, as explained above, nothing stopping you from applying to EEA RC; this will not invalidate your current Tier visa if you want to keep it.

c. BOTH of us apply for Settlement Scheme (We will BOTH fall under pre-settled status)
*** applicant(me) does not already have a biometric card issued under the EEA route (RC)
*** I however have BRP for ICT Tier 2 till Sept 2021
Pros :

• My husband and I can stay in the UK for a further 5 years from the date we get pre-settled status.

• My husband and I can then apply to change this to settled status once we've got 5 years’ continuous residence.

Cons:

• I will still need a Schenghan Visa to travel to Italy and other EU countries (not UK).

Please confirm the above understanding ?

As said before, two visas issued under the UK immigration system cannot coexist, so the second you are issued your EUSS document, your Tier 2 visa will be curtailed. It is my understanding that in your case if you did apply to the EUSS, they will ask you to enroll biometrics again, and will issue you a new biometric card, this time as EUSS, not Tier 2, so that you are not left without a valid document.

Otherwise, yes, your understanding is correct.

In light of the fact that BOTH of us want to live together, work and eventually settle in the UK, which out the above 3 options is most advisable ? I would think OPTION c .. but please confirm .

Again, it's up to you.

A good rule of thumb is to apply for both a. and c., since they are not mutually exclusive and this will give you the most freedom of all choices combined. True, this involves the most paperwork/application effort, but that's the price to pay! Also, This is maybe only relevant if you think you will travel often to EU countries. If not, then it might be more reasonable to only apply to c.

Also, note that you do not necessarily need to apply to anything right now. You have some time to decide. You might want to apply to a. once you get married, then to c. next year. Or apply to c. right after your wedding. Or apply to both now. Or wait a little bit. It's a good thing you have options and backup visas

*** Another nagging question - Can I apply directly for Settlement Scheme, once I'm legally married, without first acquiring an EEA2 RC ?

Yes, you can.

[kamoe]

Also, is it advisable to wait for sometime (say a month) after the wedding , to apply for EEA2 Residence card ?

In the sense that you need to allow time to gather documents and make sure your application is complete, then maybe yes. But technically speaking, every application is considered on its individual circumstances, and if all is in order, nothing stopping you from applying as soon as you qualify and all your documents are in order.

I have heard applying right after the wedding could inadvertently make it look like a marriage of convenience ?

There are specific red flags that combined make the HO suspicious, like someone being an overstayer in the UK, or whose valid visa is about to expire, then suddenly marrying someone they can't prove they met more than a month ago... and so on.

( although I really fail to understand how waiting a month proves a marriage is genuine - I would think the home office would rely more on substantial proof like vacationing together, meeting each other’s families , affidavit by my and/or groom’s parents , their proven attendance in the wedding etc , than how soon/or late I apply for EEA2 RC) ...

As said above, every case is considered on its own merits. But generally speaking, yes, there are general guidelines as to what is considered a strong proof vs a weak proof.

In your case, given that you have a valid visa that is nowhere near its expiration date, I don't see how applying soon after your wedding will be suspicious or cause for further investigation.

[rdgr2019]

Thanks a lot @Kamoe this has really helped me understand my options !

Another question(sorry about that ) , what documents , other than the Marriage Certificate constitutes proof of relationship ? It seems it varies from case to case ? Will an affidavit from my fiance's family(father/mother)/and or mine stating genuineness of our relationship suffice ?

Thanks!