EEA NATIONALS
(Freedom of Movement and Residence)
[Note: EEA Nationals is a combined reference to nationals of the European Union and nationals of Iceland, Liechtenstein and Norway.

History

The European Economic Community was set up by the Treaty of Rome in 1957. The aim was to ‘lay the foundations of an ever closer union among the peoples of Europe’. This was to be accomplished by the gradual reduction of barriers to the free movement of persons, goods, capital and services between the members of the Community.

The Treaty of Rome put in place the general principles for achieving integration of economies, with the intention of longer term political integration.

The next significant step was the Single European Act 1987. This pushed forward the process of European integration. Its emphasis was on the coordination of monetary, economic and foreign policy.

The ‘depth’ and ‘width’ of European integration took another step forward with the Maastricht Treaty 1992. The European Economic Community was to be known as the European Community (EC). Member States of the EC set up the European Union (‘the EU’). In particular, every national of a Member State becomes a citizen of the European Union, and the right is established to move and reside freely in the territory of Member States (subject to limitations and conditions).

The process of integration continued with the Treaty of Amsterdam, which came into force on 1 May 1999. Concerning movement of persons, the Treaty brought into the EU the body of law created by the Schengen Treaty 1985, which gradually abolishes border checks.

Membership of the EU

At present, the following countries make up the EU (‘Member States’):

The EU is set on a course of an expansion of its membership. The following countries have submitted applications for membership:

European Economic Area

More simply known as the EEA, it is a separate entity, and came into being on 2 May 1992 by agreement between the EC and the member states of the European Free Trade Area. It gives the same movement rights within the area to both EU nationals and the nationals of Iceland, Liechtenstein and Norway. Taken together, the EEA is made up of the Member States of the EU and the countries of Iceland, Liechtenstein, and Norway.

Other Agreements

Although not all deal with the issue of freedom of movement, there are a number of Agreements, which the EC has reached with other countries:

Turkey/EEC Association Agreement (1963/70). This Agreement started out with the intention of established free movement provisions between Turkey and the EC within a period of time, but it has not achieved that objective. Its provisions, so far, deal in the main with the employment rights of Turkish nationals who have entered a Member State of the EU and have taken up lawful employment

Co-operation Agreements (1978) with Algeria, Morocco and Tunisia. These prohibit discrimination against nationals of the signatory countries in the areas of working conditions, remuneration and social security

Association Agreements (1991/1999) with Bulgaria, Czech and Slovak Republics, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and Slovenia. These Agreements give advantages to nationals of those countries in migration or work matters.

Switzerland/EC Agreement (June 1999), which, when it comes into force, intends to extend full free movement rights between the EC and Switzerland

Lome Agreements with African, Caribbean and Pacific countries, which deals with issues of protection under EC law for nationals of those countries who live and work in Member States of the EU.

EEA Nationals

Each State has the right to determine who are its nationals for EU purposes. The UK defines its nationals as:

British citizens. This includes those from the Isle of Man and the Channel Islands. (Those citizens of the Isle of Man and the Channel Islands do enjoy, if they reside in England, Scotland, Wales or Northern Island, the benefit of free movement rights under EC law).

British subjects with the Right of Abode

British Dependent Territories citizens connected with Gibraltar.

The Right of Free Movement (‘Treaty rights’):
EC law gives EEA nationals the following rights for movement between EC countries:

Those rights go hand in hand with the right of residence.
If you are a non-UK EEA national and you intend to exercise such rights in the UK, you do not need a UK work permit.

The Rights of Free Movement for those ‘Economically Inactive’

Those who benefit are:

Entry Procedure

EEA nationals do not require any formal permission to enter the UK. Not quite an open door, but when arriving at major airports or ports in the UK, they do have to show a valid passport or national identity card to enter the UK. Passports are not stamped.

There is no time limit that is put on their stay. They can stay in the UK for as long as they wish. Also, there is no need to register with police, nor do they have to get a residence permit (but see later concerning family members).

Entry into and continued residence in the UK is not an absolute right. There can be restrictions on the grounds of public policy, public security or public health.

Residence Permit

After entry into the UK, a Residence Permit may, on application, be obtained, free of charge, from the Home Office as confirmation of the right of residence in the UK. A Residence Permit is simply a convenient document of identity and proof of status as an EEA national. A Residence Permit is normally granted for 5 years, but can be for a shorter time. There are some restrictions on issue. A Residence Permit can be renewed (but see below under the heading of ‘Settlement’)

Public Funds

This is a reference to UK public funds.
The definition of ‘public funds’ is quite detailed. Put simply, ‘public funds’ can be described as monetary or housing help provided by the UK government when person falls on hard times.

EEA nationals, who have the right of free movement, do not need to satisfy UK Immigration Officers on entry that they can support themselves without recourse to public funds.

If such persons do fall on hard times while in the UK, they are entitled to claim public funds under the social security system of the UK. Specialist advice would be needed about entitlement, and what effect a claim made would have on the right to remain.

The Family of EEA Nationals

Under EC law, EEA Nationals who have travelled to another State of the EEA to exercise their ‘Treaty rights’ are entitled to bring to that country their family members, who are given the same rights to reside and work there on the same basis as the principal entrant.

‘Family members’ are:

• spouse
• children under 21 or dependant on their parents
• dependant grandchildren
• non-dependent grandchildren under 21 (in the case of workers only)
• dependant relatives in the ascending line (e.g. parents, grandparents)

Depending on the status of the principal entrant to the UK, there are some variations in the family members who will be allowed to come into the UK.

Could it make an difference to entry, if a family member is not an EEA national ? The answer is ‘yes’. A non-EEA family member intending to accompany the principal entrant to the UK must get an EEA Family Permit.

If the non-EEA family member is coming to visit the principal entrant, and is the national of a country whose visitors need a visa to enter the UK, then that family member will also need to get an EEA Family Permit. But if the non-EEA family member is from a country whose visitors do not need a visa to enter the UK, an EEA Family Permit is not necessary, as long as the family member is staying in the UK for less than 6 months.

An EEA Family Permit is proof of the non-EEA family member’s eligibility to enter the UK under EC law. An EEA Permit is free of charge, and has to be applied for in the country in which the non-EEA family member is living. Application should be made to the nearest British Embassy, High Commission or other British Diplomatic Post.

Residence Document

In the UK, non-EEA family members can apply, free of charge, to the Home Office for a Residence Document. This is similar to a Residence Permit. A Residence Document simply confirms that a family member have a right to live with the principal entrant in the UK because the principal entrant has a right of residence. A Residence Document, when issued, would be valid for the same period as a Residence Permit.

Settlement

Permission to settle (stay indefinitely) in the UK means that you can live in the UK legally under the UK Immigration Rules, without time limit or conditions on your stay.

An EEA National can apply for permission if:

he or she has had a Residence Permit for 5 years

still has a right to live in the UK

has been working in the UK, or has been self-supporting, for at least 4 years, and is still doing so

Family members can also apply for permission to settle in the UK if they have Residence Documents as family members of the principal entrant.

Different rules apply to EEA Nationals who have recently retired from working or have stopped work permanently due to ill health.

In Conclusion

We hope that you have enjoyed this brief guide, and that it offers some helpful guidance in what is a detailed, if not complex, area of law.

Please remember that it is only a guide, and is not intended to act as a substitute for informed legal advice. EU and UK law relating to immigration can change and judicial decisions can affect interpretation.

If legal advice is required, then please feel free to contact the Immigration Advisory Service, or, otherwise, an approved specialist legal adviser.