Family Permit questions

That is why we are revising the plan to just make the initial move under EU freedom of movement rules, and then as soon as possible (within 3-6mo) find a sponsor for a Tier 2 Visa under the Shortage Occupation list. In doing some reading on the CoS for the Tier 2, I saw a note about Unrestricted CoS for those switching into a Tier 2, which perhaps may apply to us if she gets a job there initially (under my treaty rights as a family member of an EEA-national), and perhaps that may make it easier to get approval. Granted I haven't done much research into that yet so I may be mistaken on that.

You being an EEA citizen who was exercising treaty rights in the UK, won't make any difference to your wife getting a Tier 2 visa. Your wife will be applying under UK immigration rules and these and EU rules, don't match. Think of these as two different roads to citizenship.

This says your wife would need to apply for a Tier 2 General visa from abroad as she isn't eligible to switch (apply from within the UK). She also wouldn't be in the UK on a "visa"  (UK immigration rules) and would be in the UK using an EU Permit. She would need a Restricted CoS but it's up to the employer to ensure they issue the correct type of CoS as they can lose their sponsorship licence if they issue an U-CoS when it should be a R-CoS.

 7. Switch to this visa

You can apply to change (‘switch’) from another visa to a Tier 2 (General) visa.

You should apply before your current visa expires.


Eligibility

You must already be in the UK under any of the following visas or schemes:

    Tier 1 visa
    Tier 2 (Sportsperson) visa
    Tier 2 (Minister of religion) visa
    Tier 2 (Intra company Transfer) visa under the Immigration Rules in place before 6 April 2010 and you’re applying to change sponsor
    Tier 4 visa - if you have an eligible qualification or you’ve done at least 12 months of a PhD

You can also switch to a Tier 2 (General) visa if you’re:

    a dependent partner of someone with a Tier 4 visa
    a representative of an overseas business

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.

https://www.gov.uk/tier-2-general/switch-to-this-visa



Since the UK voted Leave the EU, there have been posts on forums where non-EEA citizens who entered the UK under EU Regs and then tried to change to a UK spouse "visa" from within the UK, have been refused as they didn't have "limited leave to remain" (UK immigration rules). These then needed to apply for a spouse visa from abroad.

Have you looked to see if EEA citizens can have a UK dependant visa while the UK is still in the EU? I suppose you could always remain in the UK following EU regualtions and see what happens on Brexit? Under present UK immigration rules, a dependant of a Tier 2 visa holder who hasn't made their "5 years to ILR" when their Tier 2 visa holder has got their ILR on 5 years, can continue to apply for dependant visas until they too can reach their 5 years to ILR.

My US daughter and her dual US/EU husband just applied without a permanent address.  You can list whatever address you are going to stay when you arrive.  In their case, he is qualifying as a student and just listed the school address.  No issue at all.  You just have to update it promptly when you get one. 

There is no requirement to show proof of accommodation for an EEA Family Permit. The supporting documents list suggests it, but it's not a requirement.


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Much of the requested information in the EEA Family permit application is not required. 

Thanks for all the replies! Looks like the rest of the FP application is pretty straight-forward so we should be good to go from here on. Really appreciate all the input on this!

You must leave the UK and make your Tier 2 (General) application from abroad if you’re not in any of these categories.

While not ideal, we could make that work since it sounds like that is what we will have to do. Hopefully the application processing times are fairly accurate as noted on the gov.uk website.

Have you looked to see if EEA citizens can have a UK dependant visa while the UK is still in the EU?

Haven't really been able to find much on the topic since I'm sure it's a pretty rare situation; however, if my wife can get a Tier 2, I can just stay as a EU citizen until withdrawal from the EU and then figure out if it's best to stay on as dependent or accept whatever offer the UK makes to EU citizens. While a bit uncertain, we are willing to take the risk on that one and just see how it pans out over the next few months / years, even if it prolongs my time until I qualify for ILR.

Haven't really been able to find much on the topic since I'm sure it's a pretty rare situation; however, if my wife can get a Tier 2, I can just stay as a EU citizen until withdrawal from the EU and then figure out if it's best to stay on as dependent.

I doubt you will be able to stay on to apply for a UK Tier 2 dependant visa, as you won't have a valid UK "visa" which would have granted you Limited Leave to Remain.  Those already trying to switch (in country) from EEA Regualtions to a UK spouse visa, are reporting back that they are getting refused as they don't have LLR and that they have to apply from outside the UK.

EEA Regulations  don't mix with UK immigration laws.

or accept whatever offer the UK makes to EU citizens. While a bit uncertain, we are willing to take the risk on that one and just see how it pans out over the next few months / years, even if it prolongs my time until I qualify for ILR.

ILR is UK immigration laws too and nothing to do with the EEA Regulations.

Sending everyone wishes of good luck this weekend - especially Keiki and eshodgson, but also Machi and The Mariam as we enter 50 days plus!

I'm really hoping that we hear something this week or, at the very least, that the tracker updates for us as we enter business days 53-57. My partner and I's UK wedding (unofficial) is looming large on the horizon and we just want to know! People are booking / about to book flights after all!

Anyhow, thanks again to all of you for sharing in this process! I think someone on here said that it was comforting to be surrounded by so many enduring the same frustrations and experience; that's absolutely true! I only wish I'd found you all sooner!

I doubt you will be able to stay on to apply for a UK Tier 2 dependant visa, as you won't have a valid UK "visa" which would have granted you Limited Leave to Remain.

Sorry! Should've clarified on that... meant more that when the details are somewhat more clear for EU citizens, I can then pick between staying on as EU citizen (under their proposal) or if not, just leave the UK to then apply from abroad to join my wife on her Tier 2.

This might just leave more options on the table for the time being until all the details are sorted out.