EEA-EU nationals Visa Application


2006-10-18

This page explains how nationals of the European Economic Area (EEA nationals) and Switzerland and members of their family can enter, live in and work in the United Kingdom. This is only a guide and aim to answer frequently asked questions.

On the 23 February 2004 the Home Secretary announced measures that would enable members of the new member states to work in the United Kingdom from 1 May 2004.

Position for New Member States - Workers Registration Scheme.

The statement by the Home Secretary to Parliament on 23 February announced that workers from the new member states must register with the Home Office.

From 1 May 2004 nationals from New Member States will be free to come to the United Kingdom. Nationals from Malta and Cyprus will have full free movement rights and are not required to obtain a workers registration certificate.

Nationals from the following new member states;

Poland, Lithuania, Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic

who find a job in the United Kingdom are required to apply to register with the Home Office under the new 'Worker Registration Scheme' as soon as they find work.

Full details on the Worker Registration Scheme are available on the www.workingintheuk.gov.uk website.

Your rights

Am I a national of the European Economic Area (EEA)?

You are a national of the EEA if you are a national of one of the following countries.

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


*Iceland, Liechtenstein and Norway are not members of the European Union (EU). However, the European Economic Area Agreement gave nationals of these countries the same rights to enter, live in and work in the United Kingdom as EU citizens.

Although the United Kingdom is also a member of the EEA, in general the information on this page is not relevant to British citizens and their family.

Do I have a right to live in the United Kingdom?

European Community law gives EEA nationals a right to live and work in the United Kingdom. This is called a right of residence.

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

  • you are working in the United Kingdom; or
  • you do not work in the United Kingdom but you have enough money to support yourself throughout your stay without help from public funds.

Public funds include Income Support, Housing Benefit and Council Tax Benefit.

Do I need to show my passport or national identity card when I enter the United Kingdom?

Yes, you need to show your passport or national identity card when you enter the United Kingdom. When you arrive at major ports and airports, you should use the separate channel marked 'EEA/EU' where it is available. Immigration officers will check your passport or national identity card to make sure that it is valid and belongs to you.

What rights do I have if I want to work in the United Kingdom?

You can:

  • accept offers of work;
  • work (whether as an employee, in self-employment or in business);
  • set up a business;
  • manage a company; or
  • set up a local branch of a company.

You do not need a work permit, however you may need to register as a worker under the Workers Registration Scheme.

You should not be discriminated against by your employer because of your nationality in terms of conditions of employment, pay or working conditions.

Can I live in the United Kingdom if I am not working?

You can live in the United Kingdom as a student, as a retired person or if you are not working, as long you have enough money to support yourself throughout your stay without needing help from public funds.

Can I work in the United Kingdom if I am studying?

Yes, you can work in the United Kingdom during or after finishing your studies although you may need to register as a worker under the Workers Registration Scheme.

Do I need to apply for a residence permit or register with the police?

No, if you have a right to live in the United Kingdom, you can stay here for as long as you want without getting a residence permit or registering with the police.

But, if you want, you can apply to us for a residence permit (if you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia and you are working, you may need to register under the Worker Registration Scheme before you are eligible to apply for a residence permit. Further information is available on the website (www.workingintheuk.gov.uk). A residence permit 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 permit if your family members want to apply for a residence document (see 'Your family's rights').

How do I apply for a residence permit?


You will need to apply to the Home Office in writing.  You should use form EEC1.

To apply for a residence permit, get form EEC1.

How long are residence permits valid for?

A residence permit is normally valid for five years. 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.

The Home Office will not normally give you a residence permit 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; or
  • you do not work in the United Kingdom and cannot support yourself without help from public funds.

Your family's rights

If your family are EEA nationals, they have the same rights to live and work in the United Kingdom as you. The information in this section will be most relevant to members of your family who are not EEA nationals (non-EEA family members).

Can my family join me in the United Kingdom?

Yes, if you have a right to live in the United Kingdom, your family may join you.

Under European Community law, your family includes:

  • your husband or wife;
  • your, or your husband's or wife's, children or grandchildren (if they are under 21 or, if they are over 21 and dependent on you); and
  • dependent relatives, for example, your husband's or wife's parents and grandparents.

If you are a student, only your husband or wife and your dependent children can join you.

What about my other relatives?

Your other relatives (such as brothers, sisters, cousins and so on) do not have an automatic right to live in the United Kingdom with you.

However, we will consider applications for your other relatives to join you if you are working in the United Kingdom and:

  • they are your dependant; or
  • they were living with you before you came to the United Kingdom.

How can my family come to live with me in the United Kingdom?

Non-EEA family members must get an EEA family permit before they travel to the United Kingdom if they are coming to live with you permanently or on a long-term basis.

Does my family need to get an EEA family permit if they are coming to visit me in the United Kingdom?

Yes, they will need to get an EEA family permit if they normally need a visa to travel to the United Kingdom. (You can get information about visas from UK visas.)

Members of your family who are not visa nationals do not need to get an EEA family permit to visit you as long as they will be staying in the United Kingdom for less than six months.

What is an EEA family permit?

An EEA family permit is a form of entry clearance (like a visa) that you are given, free of charge, so members of your family who are not EEA nationals can travel to the United Kingdom.

You must apply for an EEA family permit in the country in which your non-EEA family member is living, to the nearest British Embassy, High Commission or other British Diplomatic Post that can issue entry clearance (see 'How to get more information').

Your non-EEA family members should apply for EEA family permits well before the date they want to travel to the United Kingdom.

Will my non-EEA family members need to do anything when they arrive in the United Kingdom?

Non-EEA family members do not need to register with the police.

Your non-EEA family members can, if they want to, apply to the Home Office for a residence document.  A residence document simply confirms that they have a right to live with you in the United Kingdom because you have a right of residence. The residence document we give your family member will be valid for the same period as your residence permit.

Non-EEA family members who have a valid residence document do not need to get an EEA family permit each time they enter the United Kingdom after travelling abroad.

How can my family member apply for a residence document?

You, or your family member, should write to the Home Office at their Croydon offices.

The will need:

your passport or national identity card;

  • your residence permit (you will need to apply for one if you do not already have one);
  • proof that you still have a right to live in the United Kingdom;
  • your family member's passport; and
  • proof of the relationship between you and your family member (if your husband or wife is applying, we will need to see proof that you are legally married, for example, your marriage certificate).

*All documents should be originals.

If you are a national of one of the new member states and you are in employment, your family members will not be eligible for a residence document unless you are eligible for a residence permit. However, if you have registered under the Worker Registration Scheme, they can obtain a family member residence stamp. Applications for family member residence stamps should be made on form EEC3 and sent to the address detailed on the form.

Can the Home Office refuse to give my family an EEA family permit, residence document or family member residence stamp?

The Home Office will not give your family an EEA family permit, residence document or family member residence stamp if you do not have a right of residence in the United Kingdom.

The Home Office will not treat a non-EEA husband or wife who is part of a marriage of convenience as a member of your family. A marriage of convenience is one that is for immigration purposes only, with neither partner planning to live with the other as husband and wife in a genuine relationship.

Can my family work in the United Kingdom?

Yes, your family can work in the United Kingdom. They do not need a work permit.

Could my family lose their right to stay in the United Kingdom?

Your family could lose their right of residence in the United Kingdom if you:

no longer have a right of residence in the United Kingdom;
leave the United Kingdom permanently; or
are not working in the United Kingdom and either you or your family need help from public funds.
Your husband or wife may lose their right of residence in the United Kingdom if you divorce.

Other information

How much does it cost to get a residence permit, residence document or EEA family permit?

They are all free.

How can I apply for permission to stay in the United Kingdom indefinitely?

European Economic Area Nationals may apply for indefinite leave if they have completed 4 years of residence in the United Kingdom during which time they have been either in employment, self-employment, or been economically self-sufficient. Those who have been dependant on the income of a spouse / family member may also apply. Time spent as a student does not though count towards the 4 years qualifying period.

Third country nationals who are either the spouses or dependant family members of European Economic Area nationals may apply independently for indefinite leave if they have lived in the United Kingdom for 4 years. However, they will need to provide evidence that their European Economic Area family member has lived in the United Kingdom and been engaged in employment, self-employment, or been economically self-sufficient, during this qualifying period.

Swiss nationals and their dependant family members will qualify in the same way.

Applications for indefinite leave can be made using form EEC2.

However, it is a requirement of the rules that a European Economic Area national should have been issued a Residence Permit before they can qualifying for Indefinite Leave to Remain. If a Residence Permit has not been applied for prior to the completing of the qualifying period an applicant should also complete form EEC1. Both applications should be forwarded together to European Casework.

Passports or National Identity cards should be supplied along with evidence of 4 years employment, self-employment, or economic self-sufficiency. This could take the form of 4 P60 tax certificates or a letter from the Inland Revenue confirming the payment of income tax. These circumstances, as well as the circumstances in which permanent residence would not be required are explained in nationality leaflets, for example BN7 and BN9 (children)

How to get more information

You can get guidance leaflets and information about visas from UK visas. Write to:

Visa Correspondence Section
UKvisas
London
SW1A 2AH
United Kingdom.

General enquiries: +44 (0)20 7008 8438
Application forms: +44 (0)20 7008 8308
Fax numbers: +44 (0)20 7008 8359/8361

SWISS NATIONALS

What rights will I have as a Swiss National?


You will have the same rights as EEA Nationals.

  • You can use the EU/EEA channel when you enter the United Kingdom
  • You can work in the United Kingdom without requiring a work permit
  • You can apply for a residence permit to show that you have a right to live in the United Kingdom. For information on how to apply for a residence permit, click here
  • Your family members may be entitled to live with you in the United Kingdom. For information on how you can apply for your family members to join you, click here.

POSTED WORKERS

If you are a Swiss National or a Swiss Company that conducts business in the United Kingdom you may send employees to work in a United Kingdom for you for a maximum period of 90 days without having to apply for work permits for them.

Do the employees have to have worked for me or my company in Switzerland?

Yes they must have been working for you in Switzerland or an EEA State for a reasonable period of time.

Do my employees need work permits before travelling to the UK?


Yes. If your employees are not nationals of the European Economic Area or Swiss nationals they will need to apply for a posted workers authorisation. You can get information on this by contacting UK Visas.  Write to:

Visa Correspondence Section
UKvisas
London
SW1A 2AH
United Kingdom

General enquiries: +44 (0)20 7008 8438
Application forms: +44 (0)20 7008 8308
Fax numbers: +44 (0)20 7008 8359/8361


Or you can visit the UK Visas website: www.ukvisas.gov.uk



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