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✎ EN Switching Work Visa to Family Permit

Discussion in 'Immigration UK' started by jsdKoeln, Feb 7, 2008.

  1. jsdKoeln

    jsdKoeln Member

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    Hi, I am wondering if this is even possible and how I would actually do it.

    First, I am a US national.

    I am working for a large UK company on a Work Visa (issued and sponsored by them). I did this because my partner (civil unioned) could not come until he finished a project in Germany. I am working in London and would like to switch over to a family permit when he arrives. The job is fine, but, with the financial problems in the banking industry, I may need to switch soon.

    My partner is a German national and I have a German residency/work permit in my passport. I am considered his spouse in the UK's eyes. Is it possible for me to switch while working? My visa was issued for 5 years.

    thx!

    John
     
  2. thsths

    thsths Addicted member

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    You should no problem: switching from the UK track to the European track is always possible. In fact, you will be able to use the European right of free movement as soon as your partner is in the UK. However, once you do use those rights, the national visa becomes invalid, and there is no easy way to switch back. So it is worth to check whether you may have any advantages on the Work Visa.

    If you want to switch, you can apply for a residence card using application form EEA2 (the EEA Family Permit is only for out of country applications). Processing times can be long (up to 6 months), but if your partner applies for EEA1 at the same time, it should be a bit faster. You can work in the mean time, and you will receive a certificate of application that states your right to work

    What does that mean? Any durable relationship will be sufficient for immigration purpose: marriage, civil partnership, and unmarried partners.
     
  3. jsdKoeln

    jsdKoeln Member

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    Thank you for your response. I think I understand now. Well, one thing, since we are civilly partnered in Germany, I already have free movement rights under the German Residence Visa.

    The only reason I'm doing this is in case the company downsizes. I just want to be prepared. But it does not seem to be much of an issue if he is already in the UK and I need to switch to a new job. What understand is that I will have the right to work while my application is pending approval.

    I honestly have no idea what the benefit of a work visa is. It's pretty much the same benefits as a family permit (no recourse to public funds); however, I cannot switch jobs on a work permit unless the new company will apply. I am beholden to that one company.

    Yes of couse, but I'm American. Civil unions are only recognised in a few states... and not at the federal level. We're barely a blip on the screen in the US. It's all very new to me!

    Thanks for your response!

    John
     
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