T1 (General) change to EEA family member, How?

[t1g2010]

Hi, I am on Tier 1 (General) employed in UK. My T1 expires on 19 Aug 2012. I am married to an EEA national (Germany). Can I continue to work in the UK without applying for T1 (General) extension, and without having to leave the UK first and return as a family member of the EEA national? Advice would be much appreciated.

[Lucapooka]

Yes, you can simply let your current leave lapse. You should apply for a residence card ASAP as this will remove any doubt of your EU family member status and permission to work etc.

[Jambo]

No problem to "switch". Just apply for Residence Card using form EEA2.

The EEA national would need to exercise treaty rights (employment, study, self sufficient).

Please note that your time under Tier-1 before your marriage will not count for PR under EEA regulations.

[t1g2010]

Many thanks. If I understand you both correctly, I can continue to stay and work in the UK. After my T1 expires, do I only need to show my employer the marriage certificate and spouse passport in oder for me to continue my job?

I understand that I need to apply for a residence card asap, but I gathered from the forum that this procedure can take up to 6 months or even longer . Can I live and work here while my application is submitted and being considered by UKBA? Or am I right that I can live and work here even if I do not apply for a RC, but a RC will allow me to travel outside the UK?

[Jambo]

It is unlikely the employer would be satisfied by just the marriage certificate. apply for RC. Within a month you should get a letter (Certificate of Application - CoA) which will state your right to work and can be used to show to employer.

[EUsmileWEallsmile]

It is unlikely the employer would be satisfied by just the marriage certificate. apply for RC. Within a month you should get a letter (Certificate of Application - CoA) which will state your right to work and can be used to show to employer.

Good advice as ever.

[t1g2010]

Thank you, this is very helpful.

To prove 'Economically self-sufficient', does the UKBA require a minimum amount of money available on a bank statement?
My spouse does not work but reside in the UK. Is it okay to show my payslips and our joint account with my income to prove my spouse (EEA national) is 'Economically self-sufficient'?

Regarding 'Evidence that you have comprehensive sickness insurance for yourself and for all family members whose right to reside in the UK is dependent on your right to do so.', is it sufficient to send our NHS registration letters with our NHS numbers to UKBA?

Can I directly apply for EEA2 without EEA1? Or we must apply together?

[Lucapooka]

If your partner is self-sufficient, you will need a private medical insurance plan (for both of you) to qualify for a residence card.

[EUsmileWEallsmile]

Thank you, this is very helpful.

To prove 'Economically self-sufficient', does the UKBA require a minimum amount of money available on a bank statement? No
My spouse does not work but reside in the UK. Is it okay to show my payslips and our joint account with my income to prove my spouse (EEA national) is 'Economically self-sufficient'? Yes

Regarding 'Evidence that you have comprehensive sickness insurance for yourself and for all family members whose right to reside in the UK is dependent on your right to do so.', is it sufficient to send our NHS registration letters with our NHS numbers to UKBA? No, not according to them. You would need your own policy.

Can I directly apply for EEA2 without EEA1? Or we must apply together? Together or just EEA2 as EU does not really need it

[Jambo]

To prove 'Economically self-sufficient', does the UKBA require a minimum amount of money available on a bank statement?

There is no minimum threshold. As long as you can live of it without needing state benefits, you will be fine.

My spouse does not work but reside in the UK. Is it okay to show my payslips and our joint account with my income to prove my spouse (EEA national) is 'Economically self-sufficient'?

Yes.

Regarding 'Evidence that you have comprehensive sickness insurance for yourself and for all family members whose right to reside in the UK is dependent on your right to do so.', is it sufficient to send our NHS registration letters with our NHS numbers to UKBA?

The HO view is that although you are entitled to NHS under the UK laws, in order to qualified as "self-sufficient" under EEA regulations, you need to hold private medical insurance (CSI) to make sure you will not become burden on the state. The insurance should cover both of you.

Can I directly apply for EEA2 without EEA1? Or we must apply together?

Yes. Although you will need to provide your wife EEA passport /ID card and relevant evidence. In practice, she can also apply for EEA1 as it just requires her to fill in the application form (all the rest of the evidence is needed for EEA2 anyway) and applying for EEA1 will not slow down the EEA2 application.


Again, I point you to the fact that if you are Tier-1 (G), your clock for PR will reset if you switch (as your wife didn't have CSI before so time under EEA regulations has not started yet). If you are Tier-1 PSW, then this doesn't matter.

[t1g2010]

Many thanks for all very helpful comments and advice. This makes me think I should perhaps apply for T1 (G) extension, not having to wait 6 months for a RC, and not disadvanted by the 'clock reset' for PR. Although T1 (G) extension costs more, but the anxiety of waiting and inconvenience of not having my passport can be worth more.

I need to make a decision fairly quickly as my T1(G) expires on 19 Aug 2012. Which is a better way for me if I do not want my job to be interrupted?

For T1 (G) extension, average estimate of processing time is 10 weeks, EEA2 CoA (not RC) is 5 weeks (gathered from this forum) but some cases took 3 months. When my application of T1 (G) extension is being considered at the UKBA, can I continue to work? Or when my EEA2 is being considered at the UKBA (and still waiting for CoA to be sent to me), can I continue to work?

[Jambo]

For T1 (G) extension, average estimate of processing time is 10 weeks, EEA2 CoA (not RC) is 5 weeks (gathered from this forum) but some cases took 3 months.

you can apply for tier-1 exrension using same day premium service. You can ask for your passport at any stage during the EEA application and it will not affect tge application.

When my application of T1 (G) extension is being considered at the UKBA, can I continue to work?

The rules are that as long as you made the application before the current leave expired, your status stays unchanged until the HO make a decision.

Or when my EEA2 is being considered at the UKBA (and still waiting for CoA to be sent to me), can I continue to work?

under EEA regulation, rights are derived automatically by the actions of the EEA national and not from permission from the HO. So legally, you are allowed to work even without applying but your employer might want to see something official.

[t1g2010]

Many thanks again. I will go with the Tier 1 (General) Extension and will keep posted as to my progress made.