Immigrationboards.com

Hello,
I have a general question. I am fully employed in the UK as a doctor with the NHS. Currently residing as a family member of a EEA national, now living with my partner for over 3 years and with 4 years left until my residence card is due. I have had a discussion with my partner and I will be travelling to Tunisia to meet see my mother.
I was wondering if it could be possible for me to apply for Tier 2 visa from there while still holding EEA residence card? Or will this cancel/ block my right of residence under European law?
In case Tier 2 application gets refused for whatever reason, will this effect my residence permit. I can certainly provide proof that I still live with my girlfriend. So basically I'm making a new visa application rather than switching which I fully understand I'm not eligible to do so.

I was thinking to do this as I am trying not to be fully dependant on her for immigration in event that circumstances change in anyway during the remaining 4 years.

Your advice would be much appreciated

BenHmidaR wrote: ↑

Wed Aug 23, 2017 6:26 pm

I was wondering if it could be possible for me to apply for Tier 2 visa from there while still holding EEA residence card? Or will this cancel/ block my right of residence under European law?
In case Tier 2 application gets refused for whatever reason, will this effect my residence permit. I can certainly provide proof that I still live with my girlfriend. So basically I'm making a new visa application rather than switching which I fully understand I'm not eligible to do so.

The only problem would be if the reason for refusal would be reason to deny you re-entry. The positions under EEA and non-EEA law run almost entirely independently, until such time (if ever) that you become British. There's a bit of interaction, but in practice interaction is to the benefit of the individual rather than to his detriment.

The only issue would be if you spent a long time (but less than 6 months) out of the UK; that might overstress your relationship. As you seem to know, breaking up with your girlfriend would terminate your right of residence under EEA law.

Thanks for the quick reply.
So from what I understand is that IT IS possible to send an application to the British embassy in Tunis for Tier 2 visa, correct me if wrong? I will only be going away for 5 weeks to visit my mother.

BenHmidaR wrote: ↑

Wed Aug 23, 2017 10:19 pm

Thanks for the quick reply.
So from what I understand is that IT IS possible to send an application to the British embassy in Tunis for Tier 2 visa, correct me if wrong? I will only be going away for 5 weeks to visit my mother.

I offered no opinion about the the effect returning to the UK would have on the application for a Tier 2 visa. You may have to get an opinion from the Tier 2 forum on that matter - or puzzle out the Immigration Rules for yourself. Your question is another that really needs to be in two forums simultaneously.