Permanent Residency

For a consultation about an EEA application call our immigration Solicitors at Connaught Law on 0203 909 8399 or contact us online.

If an EEA national is exercising Treaty rights in the UK then s/he may request that s/he is issued with a registration certificate as confirmation of his/her right of residence under EC law. The application is made to the Home Office, UKBA using application form EEA (QP). Previously such application was submitted using application form EEA1.

Switzerland is not part of the EEA, but Swiss nationals and their family members also have the same free movement rights as EEA nationals.

Right of admission and right of residence

An EEA national has the right to enter the UK. They must show a valid national identity card or passport issued by an EEA state. This right is given under regulation 11 of the regulations. Once admitted to the UK, an EEA national may live here for up to three months under regulation 13 of the 2006 Immigration (EEA) Regulation.

Regulation 14 of the regulations gives an EEA national an extended right to remain in the UK as long as they continue to meet the condition of being a ‘qualified person’. For more information, see link on left: Conditions of free movement rights.

Switzerland

On 1 June 2002 the agreement between the European Community, its member states and the Swiss Confederation on free movement rights came into force. The agreement gives Swiss nationals and their family members the same free movement rights as EEA nationals and their family members.

Exercising Treaty Rights As EEA Nationals

Under regulation 6 of the Immigration (EEA) Regulations 2006, a qualified person is an EEA national who is in the UK and exercising free movement rights in any of the following five categories:

  • job seekers
  • worker
  • self-employed person
  • self-sufficient person
  • student

Exercising Treaty Rights As A Worker

An EEA national may exercise free movement rights in the UK as a qualified person if they are working. The EEA national must be doing genuine and effective paid work, carried out under the direction of someone else, on a full-time or part-time basis.

EEA nationals who are in the UK as a worker are expected to be able to support themselves. They may claim public funds under European Community law without losing their right of residence.

Under regulation 6(2) of the Immigration (EEA) Regulations 2006, if an EEA national stops working, they may still be considered a qualified person if:

  • they are temporarily unable to work because of an illness or accident
  • they are involuntarily unemployed and have started vocational training or
  • have voluntarily stopped working and started on vocational training related to their previous employment.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a worker may apply for a registration certificate.

Exercising Treaty Rights As A Job Seeker

An EEA national may exercise free movement rights in the UK as a job seeker if they are seeking work. Under regulation 6(4) of the Immigration (EEA) Regulations 2006, they must show they are actively seeking work and have a realistic chance of finding work.

The EEA nationals may also exercise treaty rights if:

  • they have registered as a job seeker and were employed for at least a year before becoming unemployed; and
  • have been unemployed for no more than six months, or
  • can provide evidence that they are seeking employment in the UK and have a genuine chance of being engaged.

Exercising Treaty Rights As A Self-employed Person

An EEA national may exercise free movement rights in the UK as a qualified person if they work for themselves in a self-employed capacity. Anyone who claims to be exercising free movement rights as a qualified person in this category must be self-employed and registered for income tax and national insurance purposes as a self-employed person with HM Revenue & Customs (HMRC). To prove that you are exercising treaty rights as a self-employed person you may have to provide various documents including proof of registration with HMRC, invoices for work done, a copy of business accounts, an accountant’s letter, bank statements or other similar documents.

Under regulation 6(3) of the Immigration (EEA) Regulations 2006, if an EEA national exercising free movement rights as a self-employed person is temporarily unable to work because of illness or accident, they may still be classed as self-employed.

An EEA national exercising free movement rights as a self-employed person may claim public funds like ‘top up’ benefits for low paid workers or benefits for the involuntarily unemployed without their right of residence being affected.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a self-employed person may apply for a registration certificate.

Exercising Treaty Rights As A Self-sufficient Person

An EEA national may exercise free movement rights in the UK as a qualified person if they are self-sufficient. A self-sufficient person is someone who has:

  • enough money to cover their living expenses without needing to claim benefits in the UK, and
  • comprehensive sickness insurance in the UK for themselves and any family members.

EEA nationals who are in the UK in a self-sufficient capacity are expected to be able to support themselves. They may lose their right of residence if they claim certain public funds and become a burden on the social assistance system in the UK. A retired person may qualify as self-sufficient if they can show that they receive a pension or have enough income from other sources for example, investments, to cover their living expenses without needing to claim benefits in the UK.

An EEA national who can provide sufficient evidence to show that they are exercising free movement rights in the UK in a self-sufficient capacity may apply for a registration certificate.

An EEA national doing charity work may qualify as self-sufficient if they can show they have enough funds to support themselves, or that a charity is meeting their living costs. For example, a volunteer may qualify as self-sufficient if their living costs are being met by the charity organisation they work for.

Exercising Treaty Rights As A Student

An EEA national may exercise free movement rights in the UK as a qualified person if they are a student. Anyone who claims to be exercising free movement rights as a qualified person in this category must be:

  • Enrolled to follow a course of study at a private or public educational establishment recognised as an education or training provider that complies with the Immigration (EEA) Regulations 2006. You can download the register of sponsors under the points-based system which shows organisations that are licensed under Tier 4 students using the related link.
  • Able to show they have enough money to meet their living expenses. You may accept evidence such as:
    • bank statements
    • other evidence of the award of a grant or sponsorship, or
    • a written declaration by the student that they have enough money
  • Registered on a course of study that has started.
  • Able to show they have comprehensive sickness insurance.

EEA nationals who are in the UK as a student are expected to be able to support themselves. They may lose their right of residence if they claim certain public funds and become a burden on the social assistance system in the UK.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a student may apply for a registration certificate.

For further help or information Get In Touch

Related Expertise

Insights

Would you like to hear more from us?

Visit our subscriptions page to tell us a bit more about what you’re interested in so we can send you relevant news.