# Switching from Tier 2 to EEA Spousal visa



## daisyfrau (Jul 6, 2013)

Hi,

My boyfriend and I have been discussing immigration issues ahead of proposed wedding in May 2014. We have two, rather technical, questions we would like to ask, if anyone here can help out.

I am Zimbabwean, working in the UK on a Tier 2 visa. I arrived in 2006 as a student, was in this (Tier 4) category for 6 years, then switched to Tier 2 in August 2012. He is German, planning on moving to the UK in Aug 2013 and planning on us staying here for the foreseeable future.

We've worked out that it would be a good idea for him to register with the UKBA when he arrives as an EU citizen living in the UK just so he can prove when he moved (although we know he doesnt have to). 

We are planning to get married in Germany in May 2014 then return to live in the UK after the wedding. 

We think it would be best for me to move from Tier 2 onto an EEA spouse status at that point because then I would not be limited to only working with my current employer. 

1.We wonder if anyone has gone through the switch from tier 2 to EEA spouse status WITHIN the UK and can comment on the experience.

Secondly, I had originally been intending to apply for settlement after 10 years residing in the UK (it will be almost 8 years at the time we marry). We are aware that switching to a spouse status means that I will no longer require permission to be in the uk and that in this category we could apply for settlement 5 years after he arrived in the uk. But we found a clause in the settlement documentation indicating that discretion could be used and my time in spouse status could count towards settlement if I meet all other reqmts for the SET(O) category. We would prefer this as it means that we could become PRs 2 years faster than if we wait for him to have been in the uk for 5 years. 

2. Anyone had any experience with this?

Many thanks, in advance, for any help with these 2 questions!!


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## daisyfrau (Jul 6, 2013)

Apologies: Wherever I wrote SET (O) above, I actually meant SET (LR)!!

Here is the link to the document to which I referred. The relevant portion is on page 27...

( You will need to put the www in front if the link below as i am not allowed to post links yet)
.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary

Thanks!!


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## Jrge (Mar 22, 2011)

Hi,


daisyfrau said:


> Hi,
> 
> My boyfriend and I have been discussing immigration issues ahead of proposed wedding in May 2014. We have two, rather technical, questions we would like to ask, if anyone here can help out.
> 
> ...


1) The "switch" is rather easy. 
2) As far as I now, you will be switching from one category to another, hence you will be resetting the clock. However, I might have to look further into this. 

Animo
(Cheers)


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## daisyfrau (Jul 6, 2013)

Hi Jrge, 

Thanks for that. 
Yes - it did seem to us that given that he will already have EEA1 documentation at the time we pop over to Germany for the wedding, when we return I can enter on my Tier 2 and then send off my documents to apply for EEA 2.

As far as the second question - the link I sent seems to imply that the switch in category could be overlooked if I met all other reqmts for SET (LR)...


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