EUN1 - EEA Nationals
EEA Nationals
Last updated
11 September 2009
This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.
Entry Clearance Guidance - Recent updates
Guidance
- EUN1.1 The European Legislation
- EUN1.2 Who are EEA nationals?
- EUN1.3 What rights do EEA nationals have to live and work in the UK?
- EUN1.4 Can an EEA national claiming benefits still be a qualified person?
- EUN1.5 What rights do A8 nationals have?
- EUN1.6 What rights do Bulgarian and Romanian nationals have?
- EUN1.7 Do EEA nationals need to apply for a registration certificate?
- EUN1.8 When do EEA nationals qualify for a permanent right of residence in the UK?
- EUN1.9 Are EEA nationals exempt from immigration control?
- EUN1.10 Can EEA nationals apply under the Immigration rules?
- EUN1.11 Do family members of EEA nationals have to apply under the EEA regulations?
Further information
EUN1.1 The European Legislation
The Free Movement of Persons Directive 2004/38 EC sets out the right of EEA nationals and their family members to move and reside freely within the territory of the EEA Member States. The Immigration (European Economic Area) Regulations 2006 ('The Regulations') transpose the Free Movement Directive into UK law. The Regulations describe the rights of EEA nationals and their family members to enter and reside in the UK.
EUN1.2 Who are EEA nationals?
Nationals of the following countries are EEA nationals:
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Austria |
Greece |
Netherlands |
Note1: Iceland, Liechtenstein and Norway are not Member States of the European Union, but do form part of the EEA. Their nationals enjoy the same free movement rights as EU nationals.
Note2: Nationals of the A8 countries who come to the UK to work, need to register under the Worker Registration Scheme (see EUN1.5 below)
Note3: Bulgarian and Romanian nationals who come to the UK to work will need permission to work before starting any job (see EUN1.6 below)
In 2002, the Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons came into force. This confers on Swiss nationals and their family members the same rights as those enjoyed by EEA nationals and their family members. (See EUN4 for advice on the Swiss Family Permit)
EUN1.3 What rights do EEA nationals have to live and work in the UK?
EEA nationals are free to enter the UK subject to a passport or identity card check. However, where an EEA national is the subject of an extant deportation order, the EEA national must still apply for revocation of the order if they wish to return to the UK. If the deportation order is revoked the EEA national may lawfully re-enter the UK. (For details about how a deportation order is revoked, see ECB4.3.
A deportation order may be invalid if the subject has become the family member of an EEA national exercising Treaty rights in the UK. Where there is reason to believe that this is the case, the case should be referred to the relevant casework unit who will liaise with European Casework.
EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person.
A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:
- Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged e.g. evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.
In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.
- Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment e.g. copy of a contract, pay slips.
If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:
- They are temporarily unable to work as the result of an illness or accident
- They are involuntarily unemployed and have started vocational training; or
- They have voluntarily stopped working and started on vocational training related to their previous employment.
- They have registered as a job seeker and
- were employed for one year or more before becoming unemployed;
- have been unemployed for no more than six months; or
- can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.
- Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person e.g. a copy of business accounts or an accountant’s letter.
- Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.
A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.
An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.
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Student - The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers e.g. a letter from a college or university confirming that the EEA National is enrolled on a course and stating its duration.
The register can be found at: Department for Innovation, Universities & Skills - The Register of Education and Training Providers
EUN1.4 Can an EEA national claiming benefits still be a qualified person?
An EEA national claiming benefits in the UK would continue to be considered a qualified person if they were:
- A worker in receipt of top-up funds or tax credits for low income
- An EEA national working in the UK who has become temporarily unemployed (due to incapacity or involuntary unemployment) and is claiming public funds. A worker would still be considered temporarily incapacitated for as long as a doctor confirms that they cannot work but have the intention to do so. We would expect this to be for no longer than six months, although there may be cases where this could be extended (for example if we believe the EEA national has a reasonable prospect of returning to work or finding a job).
EUN1.5 What rights do A8 nationals have?
Nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, or Slovenia (A8 nationals) have the same right to enter and reside in the UK as other EEA nationals. The UK allows A8 nationals to undertake paid employment but these workers must register under the Worker Registration Scheme.
Once A8 nationals have been working legally in the UK for 12 months without a break, they will have full rights of free movement. They can then apply for a registration certificate to confirm their status.
More information about the Worker Registration Scheme is available on the Working in the UK website.
EUN1.6 What rights do Bulgarian and Romanian nationals have?
Bulgarian and Romanian nationals have the same right to enter and reside in the UK as other EEA nationals. However, they will need permission to work before starting any job.
More information about the rights of Bulgarian and Romanian nationals is available on the Working in the UK website.
EUN1.7 Do EEA nationals need to apply for a registration certificate?
EEA nationals do not need to apply to the UKBA for a registration certificate but they can do so if they wish. It confirms that they have the right to live in the UK under European Community law. An A8 national can only apply for a registration certificate after they have been working and registered on the Worker Registration Scheme for over 12 months.
EUN1.8 When do EEA nationals qualify for a permanent right of residence in the UK?
An EEA national normally acquires a permanent right of residence after they have resided in the UK in accordance with the Regulations for a continuous period of five years. An EEA national may apply for a document certifying their permanent rights of residence and their non-EEA national family members may apply for a permanent residence card. However no documentation is required under the EEA Regulations.
For the purposes of sponsoring an application under the Immigration Rules, an EEA national who has acquired permanent rights of residence under the EEA Regulations is considered 'present and settled' in the UK. See ECI Chapter 6 for further guidance on permanent residence.
EUN1.9 Are EEA nationals exempt from immigration control?
EEA nationals and their family members are exempt from control under the Immigration Rules. Diplomats and officials of EEA countries are exempt from immigration control. Their travel documents are not endorsed.
EUN1.10 Can EEA nationals apply under the Immigration rules?
Yes. If an EEA national wishes to apply under the immigration rules, they are entitled to do so.
EUN1.11 Do family members of EEA nationals have to apply under the EEA regulations?
No, they can choose to apply under the immigration rules. One advantage of applying under the Immigration rules would be obtaining indefinite leave after a probationary period of 27 months, for example. It takes longer to obtain permanent residency under EU law.
See Also