EU & EEA NATIONALS AND THEIR FAMILY MEMBERS

The European Economic Area (EEA) is made up of member states of the European Union and European Free Trade Area. Citizens of countries in the EEA can move freely between the member states and live where they choose. EEA Nationals have the right to take a job, seek employment, or set up a business in any EEA country.

At the moment the EEA Member States are:

Members as of May 2004 Austria Italy Czech Republic Slovenia Belgium Liechtenstein Cyprus Denmark Luxembourg Estonia Finland Netherlands Hungary France Norway Latvia Germany Portugal Lithuania Greece Spain Malta Iceland Sweden Poland Ireland UK Slovakia

Iceland Liechtenstein Norway

There are a number of immigration agreements between the EU and other countries that can give advantages to their citizens in movement and employment. These countries include Turkey, Romania, Bulgaria, Croatia, Algeria, Morocco, Tunisia, Switzerland, and African, Caribbean and Pacific countries.

There are four different categories in which EU/EEA applications are made:

• If you are a national of the European Economic Area and you need a resident permit for employment or business
• If you're a national of the European Economic Area, or if you are the spouse or family member of a national of the European Economic Area, and you need to apply for indefinite leave to remain
• If you need to apply for a family member residence stamp for Non-EEA national dependants of persons required to register under the Accession State Worker Registration Scheme

Application made from outside of the United Kingdom for assessment of whether the requirements for leave to enter the UK as a self-employed person under a European Community Association Agreement (ECAA) are met. Please note this is not an application for entry clearance or leave to enter the United Kingdom. You will need to make a separate application for entry clearance to your nearest British Embassy when you receive notification of a decision on your ECAA assessment. You will not be able to travel to the UK until you have entry clearance.

There is free movement of people, goods and services within the area. So long as nationals of the countries are exercising their freedoms under these the various treaties, they are not strictly subject to United Kingdom immigration control, and may work or set up in business without restriction.

These rights extend also to members of the households of EEA nationals accompanying them to the United Kingdom.

Although it is not mandatory, EEA nationals may wish to apply for residence permits in the United Kingdom as this enables them to apply for indefinite leave to remain after five years of continuous residence and subsequently naturalisation.

Household members who are not EEA nationals themselves should obtain EEA family permits before travelling to the United Kingdom if they are travelling in this capacity.

Residence permits and documents may be obtained in the United Kingdom but there are considerable delays in these being issued due to the numbers involved and there being widespread abuse of EEA law to circumvent United Kingdom immigration controls.

Nationals and their immediate family members from European Economic Area (EEA) countries can enter and work in the United Kingdom without any restrictions, just like British Citizens.

Rights of EU/EEA nationals and their family members

Nationals and their immediate family members from European Economic Area (EEA) countries can enter and work in the United Kingdom without any restrictions, just like British Citizens.

In other words, Swiss nationals and EEA nationals have a right to live and work in the United Kingdom. This is called a right of residence.

EEA Nationals are allowed to bring their family members to any EEA country. Family members can apply for a family permit that proves they have the right to live in the UK. If a non-EEA family member is accompanying the EEA member they must have an EEA Family Permit. In the UK non-EEA family members can apply for a Residence Document that proves their right to live with their family in the UK. We can advise on the correct documentation needed for your situation.

An EEA national can apply for permission to live indefinitely in the UK if they have been working in the UK for at least five years, or if they have held a residence permit for five years.

You have a right of residence in the United Kingdom if you are an EEA national and:

• you are working in the United Kingdom
• you do not work in the United Kingdom, but you have enough money to support yourself throughout your stay without recourse to public funds (public funds include Income Support, Housing Benefit and Council Tax Benefit)

As an EU/EEA national you can:

• accept offers of work
• work (whether as an employee, in self-employment or in business)
• set up a business
• manage a company
• set up a local branch of a company
• study
• reside in the UK as a self-sufficient person

Residence certificate (formerly called Residence Permit)

A residence certificate simply confirms that you have a right to live in the United Kingdom under European Community law. You will need to apply for a residence certificate if your family members want to apply for a residence document.

A residence permit is nowadays valid indefinitely. However, residence permits may be issued for a shorter period if you are working or studying in the United Kingdom for less than 12 months. If you work in the UK continuously for 5 years, you may be entitled to Settlement in the UK, that is to remain in the UK indefinitely.

You will probably not be given a residence certificate if:

• you are in the United Kingdom for a short visit
• you are looking for work
• you will work and live in the United Kingdom for less than three months
• you do not work in the United Kingdom and cannot support yourself without help from public funds
  

What we can do for you

As British lawyers, we will do our best and even go that extra mile for you. We can help you with the necessary paperwork that will be needed to ensure that your application meets the Immigration requirements. 

Please expect us to do the following for you, when you instruct us to represent you or a member of your family:

• Full and professional assessment of your case
• Advice on whether you should consider a different immigration programme or category
• Strong and weak points of your application
• Advice on correct list of documents
• Advice on evidence required
• Instructing your sponsor, relative, employer or college (if required)
• Final check of your documents before submission to the Home Office/British Diplomatic Post
• Creating a professionally looking paginated immigration bundle
• Drafting representations and cover letters to the Home Office/British Diplomatic Post
• Working with interpreters (if required)
• Submission your application to the Home Office/British Diplomatic Post
• Correspondence with the Home Office/British Diplomatic Post
• Keeping you updated by post, E-mail or phone on the progress of your application
• If something goes wrong : requesting a review or reconsideration
• Any further in-country/out-of-country immigration assistance 

The above list is not exhaustive as we treat every client's case individually. Please do not hesitate to contact us for a professional immigration advice.