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UK_Lawyer
UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, Im on the Tier 2 work permit at the moment which is

Customer Question

Hi,
I'm on the Tier 2 work permit at the moment which is expiring next week, my employer has offered to renew the Tier 2. However, I'm applying for the unmarried partner visa via the EEA2 route, I asked my immigration team to renew my work permit while the application for EEA2 residence card is under way. I thought 2 pending applications at the same time are allowed since the EEA2 doesn't automatically give me working rights (it should, in theory). Therefore, my immigration is refusing to hand in my Tier 2 renewal application unless I withdraw the EEA2 application. Could you clarify if 2 pending applications are really not allowed? The reason I'm asking is I've had a few offers from potential employers which depend on me having the EEA2 visa and they’re not willing to sponsor tier2 visa.
Furthermore, the immigration team states that if I don’t withdraw my ee2 application, meaning they will not renew my Tier 2 I can still work with the current employer. However if in a few months time the Home Office has decided not to grant me the EEA2 visa, then I will no longer be in a position to renew my Tier 2. Is this correct according to immigration laws?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Under EEA Regulations, you do not need to lodge the EEA 2 application, as your right to reside is automatic if you are in a durable relationship with an EEA national exercising treaty rights in the UK.

So, you may let the tier 2 application proceed and lodge the EEa2 application later.
As your passport will be required for both applications, you can only submit one of them, not both.

May I help further?
Customer: replied 2 years ago.

Hi ,


Thank you for your response. Please see my response/further questions in italic.


 



Under EEA Regulations, you do not need to lodge the EEA 2 application, as your right to reside is automatic if you are in a durable relationship with an EEA national exercising treaty rights in the UK.


 


I received a Certificate of Application acknowledging the submission of my application which states that 'at this stage we are unable to confirm your right to work in the United Kingdom'. So this worries me a lot! and it means that your statement doesn't apply if I still don't have the residence card?


I read that new employers can still employ me while the EEA2 application is being processed but they need to employ the Employer Checking Service (link below). But understandably employers are really reluctant to do this because it is a risk for them. Is there anything you think I can do to persuade them or let me know if there is a normal process they could take for cases similar to mine? I feel quite discriminated against since I've been contributing in the UK for 7 years and potential employers even big banks said they can't sponsor me since they don't have a good reason why they should employ me rather than someone from the UK but strangely my firm which is not as big can.



https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work

 


So, you may let the tier 2 application proceed and lodge the EEa2 application later.


Would submitting two applications have any impact on my EEA2 application being cancelled or the decision of the outcome of the application?



As your passport will be required for both applications, you can only submit one of them, not both.


This is not quite right as I'm allowed to request my passports back for urgent reasons which I have. I stated that I need them back to renew my work permit and therefore my employer has all my documents while the EEA2 application is underway. Obviously, the Home Office just posted my passports back without any other response whether I could proceed with the Tier 2 application or not.


Apart form questions raised above what I need to know facts on are - whether 2 applications are allowed and where does it say that formally in the immigration laws?

What's the impact of applying for tier 2 after the EEA2 application, since I really don't want my EEA2 application to get cancelled which means I will be 'stuck' in the same role for several months even though I'm getting offers for employers who don't want to sponsor me.

Thank you.

Kind regards,

Narisa
Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
Yes, i'm okay to wait even though i would like an answer asap. The abswer guven wasn't helpful at all. Thank you.
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.

In respect of your question, I do not know why you have requested your passport to be returned to you, as the EEA residence permit is issued on the actual passport itself so unless they have issued it to you, you should not have asked for your passport to be returned. T

Regarding you being issued with a certificate of application, although this gives you a right to work in the UK it is understandable why employers are reluctant to offer you employment as the certificate is only valid until a decision is made on your EEA application. The fact is than an employer would be taking a risk employing you as what if 3 months down the line your application is refused and you do not have any permission to remain in the UK, this would mean that you would need to be dismissed and the recruitment process for the employer would need to commence again.

In your case it seems that you wish to be employed at the same time as having your Tier 2 visa and not have any issues with your EEA application.

The best course of action for you would be to apply for a Tier 2 visa, get the extension and then apply for an EEA residence permit, you can then work until a decision is made on your visa, if your EEA visa is refused then you still have your Tier 2 visa to continue working with, and if it is granted then you can leave your employment and find alternative employment.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards

Expert:  UK_Lawyer replied 2 years ago.
Kindly confirm why you have rating my service poor?

Kind regards
Customer: replied 2 years ago.
Relist: Inaccurate answer.
The home office stated that generally speaking I'm unable to have 2 pending applicaitons, I explained my situation again and they were unsure. The CoA does not actually confirm my right to work. Also, I could obtain my passports back while the applicaiton is underway I know that for a similar case my friend requested her passport back and received the EEA2 paperwork separately. Therefore a lot of information given are not accurate. Now it seems I can't apply for the Tier 2 and EEA2 at the same time so I will not withdraw my EEA2 and see the outcome, is there anything I can do in the meantime to lodge or get an update on my EEA2 application?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

You are unable to submit two applications at the same time, yes you are correct that a COS does not allow you to work in the UK, you need to apply for a Tier 2 visa using the COS, once you have been issued with a a Tier 2 visa then you are able to work in the UK.

The fact that you wish to see the outcome and not withdraw your application is your choice, but it can obviously effect your right of work if your application is refused.

I would not have recommended that you asked for your passport back, however, if your application is accepted then yes they either issue you a separate Immigration Status Document or ask for your passport so they can issue you your visa.

There is no doubt that you are unable you submit two applications at once to the home office, i am surprised that you were not informed that two application cannot be submitted at once.

I believe you have made the correct decision in waiting for your EEA application. You cannot lodge anything as you already have an EEA application pending. The home office do not give out any information in respect of the an application unless 6 months have passed, unfortunately you would have to wait until a decision is made or 6 months have passed before the home office will reply to a letter confirming the status of your application.

I hope this answers your question.

Kind regards

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