European (EEA, EU, EC, Swiss) Residence Permits & Cards

Any citizen of an EU country taking up residence in the UK in accordance with EU treaty rights is entitled to bring their family with them to the UK. Family includes spouse and children under 21, and any other family members who are part of the same household and remain dependent upon the EU citizen.

If you are a national of an old EEA country or Switzerland then you can enter the UK freely with the minimum of documentation. You are not required to apply for entry clearance. You may still be asked to show some evidence and you will need your passport or national identity card.

On arrival in the UK we would advise any national of an old EEA country, to make an application for an EEA Registration Certificate. This certificate confirms your right of extended residence in the UK. Although they are not a legal requirement, they are particularly useful if you are married to a non-EEA national or have children who are not EEA nationals who may also want to come and live with you here. They are useful if you decide to stay in the UK to work or study, or if you need to access welfare benefits.

This Visa grants EEA nationals and their dependents the right of residence within the UK. According to European Community law, the right of residence allows EEA nationals and their dependents the right to live and work in the UK. If you fall into this category, you are entitled to the following:

  1. You can accept offers of work
  2. You are permitted to set up a business
  3. You are permitted to manage a company
  4. You are permitted to set up a local branch of a company

You are allowed to take part in the above without a UK Work Permit, but you may need to register under the Worker Registration Scheme.

Residence permits

Nationals of the European Economic Area (EEA) member states may qualify for a five year residence permit.

If you are from the EEA it is possible to apply for a UK residence Permit, however it is not essential. This is because a residence permit merely confirms that EEA nationals have the right of residence in the UK under European Community Law. A residence permit is usually valid for five years. You will not be given a residence permit in the following circumstances:

  1. If you are in the United Kingdom for a short visit;
  2. If you are looking for work;
  3. If you will work and live in the United Kingdom for less than three months; or
  4. If you do not work in the United Kingdom and cannot support yourself without help from public funds

If you are an A8 national and you will work in the UK, you may be required to register under the Worker Registration Scheme prior to applying for a residence permit.

Employment

If you are on an EEA residence permit, you do not need to work while you are in the UK but you must be able to support yourself without relying on public funds.

Non-EEA family members of EEA & Swiss Nationals

If you are a non-EEA family member of an EEA or Swiss national, it may be possible for you to join your family or partner in the UK. If you intend on coming to the UK for more than 6 months, it will be necessary to apply for an EEA family permit. If you are one of the following family members, you are entitled to apply for an EEA family permit:

  1. If you are the spouse of an EEA national
  2. If you are a descendant (child or grandchild) of an EEA national or his/her spouse who is 21 years of age or is their dependant (this includes stepchildren or adopted children)
  3. If you are a dependant in the ascending line (i.e. parents or grandparents) of an EEA national or his/her spouse. If you are a Swiss national or an EEA national you are entitled to live and work in the UK.

This is referred to as a right of residence. You will have a right of residence if you fulfil the following:

  1. If you are working within the United Kingdom; or
  2. If you do not work in the United Kingdom but you are financially able to support yourself without relying on public funds.

In order to be allowed entry into the UK you will be required to present your passport or national identity card. When you are arriving at major airports, you are required to use the separate channel labelled 'EEA/EU' whenever it is available.

Indefinite Leave to Remain

This visa does lead to Indefinite Leave to Remain. Applications for Indefinite Leave to Remain can be made by family members as well as the EU citizen after five years of residence in the UK.


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