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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi,I apologise in advance for this long inquiry. I am facing

Customer Question

Hi, I apologise in advance for this long inquiry. I am facing a very specific and complicated problem. I am certainly the type of look up information online quite independently, but I can't get my head around what to do in this instance. I am currently in the UK on a Tier 5 Youth Mobility Scheme visa. I work as a teacher in a private school. In September I will begin a Masters degree, most likely in London. However, my Tier 5 YMS also expires then. To make it even more complicated, I just got into a civil partnership with an EU citizen who currently lives in the UK with me (we live together). She is also working here.

I guess my questions are three fold. Firstly, what is the next step for me? Since I am already in the UK can I go ahead and apply for a residence card or do I still have to leave, get a family permit then wait for a residence card?

Secondly, will I need a student visa (Tier 4) or can I simply enroll in a Masters based on family permit/residence card/others.

Lastly, I might decide not to undergo the Masters course if I do not obtain a scholarship I applied to. In this case, I would like to continue my current job, which I have not notified yet to apply for certificate of sponsorship (therefore, likely going to be too late).

As a result, I want to know if there is an option in which it would be safe for me to either pursue education or work freely? If I apply for a residence card, I assume I can do both? Best, XXXXX XXXXX

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

How long has your civil partner lived in the UK and what do they do currently in the UK?
Customer: replied 2 years ago.


My partner live in the UK currently with me. She has been here since September 2012, but studied for a year until September 2013 and started her job post-Masters in February 2014. She is a consultant.

Customer: replied 2 years ago.

I have been here since September 2011, studied for a Masters as well until September 2012. Since September 2012 I am on an Youth Mobility Scheme visa which will expire September 2014. We are happily partnered this month. If this information is useful.

My current job operates on the basis that I have a YMS Tier 5 Visa. I don't have a work permit. As I mentioned, I would like to seek a possibility not only to stay, but to have flexibility over both study and work. I've read about EEA family permit, residence cards, Tier 4, etc. But I'm still not sure how it all fits together in my circumstance.

Expert:  UKSolicitorJA replied 2 years ago.
I have good news.

As soon as you entered into the civil partnership and as your partner is working in the UK, you have the right to work or study in the UK without any restriction.

You do not need to leave the UK and you do not need to worry about the EEA Family Permit.

You MAY (I strongly suggest you do so) apply for a residence card proving your right to live in the UK by using form EEA2 and paying the £55 application fee, see here

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

Thanks a lot! I have suspected that to be the case, because the family permit seemed to be a case of getting into the country physically.

Is there any problems with this for my studies next year instead of using the student visa? Also, in the (very unlikely) situation if my partner loses her job, even temporarily, would my right to study or work be retracted?

Sorry about all these questions. I prefer to be very meticulous! Thank you for your prompt response!

Expert:  UKSolicitorJA replied 2 years ago.
No problem for you to study as a family member of an EEA national exercising treaty rights in the UK. You do not need a student visa.

Your right to live in the UK and study, work etc. will be dependent on your partner exercising treaty rights in the UK, so your partner must be working, studying or be self sufficient or self employed. So, as long as your partner does not get public funds I.e. Benefits, you will be fine as that means your partner will be self sufficient.

Good luck and please take a second to leave feedback

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