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I used to be on tier 2 visa and applied fo an successfully got an EEA2 visa in June, I now contacted home office to ask about returning my ol BRP beside my Resident Card and they told me that I canot be under two immigration rules. I wonder if the agent on the phone is correct because I don't see how getting an RC invalidates my previous visa.

pen123 wrote: ↑

Fri Oct 26, 2018 10:24 am

I used to be on tier 2 visa and applied fo an successfully got an EEA2 visa in June, I now contacted home office to ask about returning my ol BRP beside my Resident Card and they told me that I canot be under two immigration rules. I wonder if the agent on the phone is correct because I don't see how getting an RC invalidates my previous visa.

Apparently, the agent is right I'm afriad. I don't think you can be in the country on two seperate immigration rules.

Correct. Your Tier 2 visa is now invalid.

pen123 wrote: ↑

Fri Oct 26, 2018 10:24 am

I now contacted home office to ask about returning my ol BRP beside my Resident Card

Did you mean "returning" (sending the old BRP to the Home Office) or "retaining" (keeping the old BRP with you)?

pen123 wrote: ↑

Fri Oct 26, 2018 10:24 am

I don't see how getting an RC invalidates my previous visa

It is not just two different rules, it is two different systems of law.

Residence Cards are issued under the EEA Regulations and are governed by EU law. BRPs with Leave to Remain are issued under UK Immigration Rules, a part of UK law.

People whose right to reside in the UK is governed by the EEA Regulations/EU law cannot be governed by the UK Immigration Rules. Therefore, when you acquired a right to reside in the UK under the EEA Regulations, either by marriage to an EEA citizen or by issue of a Residence Card as an unmarried partner, you ceased to be governed by the UK Immigration Rules. Therefore any visa issued to you under the UK Immigration Rules cease to apply to you. Any limitations applicable to you on your Tier 2 visa (such as having to work for only your Tier 2 sponsor) have ceased to apply to you. So, think positive.

Furthermore, even if you were in the UK under the UK Immigration Rules, your Leave To Remain (only just realised how confusing the terminology is, especially post Brexit; Leave to Remain) can be under only one category under the UK Immigration Rules. So, for instance, if you arrived in the UK as a Tier 4 student and then married a British citizen, you could have new leave issued as the spouse of a British citizen (FLR(M)). But that would extinguish your Tier 4 leave.

The Home Office’s position.