Under European law, EEA or Swiss nationals have the right to live and work in the UK. Their family is also able to join them. National Member States within the European Economic Area (EEA) are able to enjoy freedom of movement within Member States.
A Registration Certificate is issued to EEA nationals confirming the holder’s right of residence under European law.
EEA nationals do not need a Registration Certificate for purpose of entering, living, or working in the UK.
If an EEA national wishes to support an application for a Residence Card by a family member who is not an EEA national, s/he will be required to show that s/he is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 and is exercising European Treaty rights here, that is, s/he is:
- employed or self-employed; or
- studying; or
- economically self-sufficient; or
- a jobseeker; or
- retired; or
Someone who has had to cease working in the UK owing to permanent incapacity.
If a family member is not EEA or Swiss nationals, s/he will need to apply for an EEA family permit before coming to the UK. This is similar to a visa.
The family members of EEA nationals, who are not EEA nationals, should apply for a Residence Card confirming their right of residence in the UK under European law. This will normally be valid for 5 years.
Under the European Regulations, after living in the UK for a continuous period of 5 years in accordance with, an application for a document certifying permanent residency may be made.
Our EEA Solicitors can provide specialist legal advice and assist EEA nationals and their non EEA national family members secure entry and residence in the United Kingdom.
For further information, please speak to our team members in the Immigration Department on 02089125241.