Visa switch to Tier 2?

[nemerkh]

Not sure where to put this section wise.
I am noneu married to an eu citizen. Pr due 2018 but we have been here for 10 years and pretty much settled hence looking into back up in case things go tits up with the brexit saga.

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

I had a read through this, mainly interested in the lower paragraph where it says that if a doctor (which i am) visa switch is possible without leaving abroad to apply.

Where do i stand having an eea2 now with regards to visa switching to tier 2, if it comes to an ultimatum would it possible to do? Thanks.

[MrSlyFox]

I believe it clearly states:

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: established staff) visa and you’re applying to change sponsor
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, or you’re on another kind of student visa - read ‘Switching from a Tier 4 visa’ below
Tier 5 (Temporary Worker - Creative and sporting) for a job as a professional footballer and you meet the Tier 2 (Sportsperson) requirements
Highly Skilled Migrant Programme
Innovator Scheme
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme)
Business and Commercial work permit (except multiple entry work permits)
Sports and Entertainment work permit (except multiple entry work permits)

You can also switch to a Tier 2 (General) visa if you’re:
a dependent partner of someone with a Tier 4 visa
a Jewish agency employee
operational ground staff of an overseas-owned airline
a minister of religion, missionary or member of a religious order
an overseas qualified nurse or midwife
writing up a thesis
a postgraduate doctor or dentist
a representative of an overseas business
a representative of an overseas newspaper, news agency or broadcasting organisation
a student union sabbatical officer

Of which EEA Residence isn't acceptable as it is not listed

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

Do note all those listed above are types of Visas, i.e.postgraduate doctor or dentist is a type of visa

[nemerkh]

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

The statement above is confusing as it says you can ALSO switch bla bla meaning its like a follow up to the eligibility? Bit confusing.

[MrSlyFox]

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

The statement above is confusing as it says you can ALSO switch bla bla meaning its like a follow up to the eligibility? Bit confusing.

I can see why you would be confused but those are types of visas still just not in the points-based system

see the former category of postgraduate doctors and dentists: -Now Closed to new applicants -
https://www.gov.uk/government/uploads/s ... sdenti.pdf

[nemerkh]

I see thanks.

[MrSlyFox]

we have been here for 10 years

You could apply to settle based on long residence:

https://www.gov.uk/long-residence/overview

[nemerkh]

Hi
I just read through this. Is this actually a thing i can use in my status?? Jesus thats what i was looking for!! Been on here for couple of years never heard of it!

[Obie]

Giving the history of this OP's case, i do not believe that he can avail of the Long residence provision, if he could not qualify for PR under the Regulations.

[nemerkh]

Yes i got a bit overexcited just had a read through and it states doesnt apply to eea routes.

[MrSlyFox]

Yes i got a bit overexcited just had a read through and it states doesnt apply to eea routes.

It does if you had a right of residence under the EEA provisions:

However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national or their family members exercising their treaty rights to reside in the UK.

Page 24 - Long Residence
https://www.gov.uk/government/uploads/s ... ce-v14.pdf

However as Obie realised (Thankyou Obie, I didn't realise the full facts of this nemerkh Situation)

Giving the history of this OP's case, i do not believe that he can avail of the Long residence provision, if he could not qualify for PR under the Regulations.

If you haven't LEGALLY resided in the UK for a full ten years you cannot settle under the ten-year route