European Union

I am a EU Citizen, what right do I have in the UK? EEA and Swiss nationals have the right to live and work in the United Kingdom. This is called the right of residence. You will only have the right of residence in the United Kingdom if:

• you are an EEA or Swiss national; and
• you are working in the United Kingdom; or
• you are able to support yourself and your family in the United Kingdom without becoming an unreasonable burden on public funds

What documents are required? When you enter the United Kingdom you will need to show your passport or national identity card. 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.

My family would like to join me in the UK, what is the procedure and what is required from them? If you have a right to live the in the United Kingdom, your family may join you. Your family is defined as:

• your spouse or civil partner;
• children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you; and
• the parents or grandparents of you, your spouse or your civil partner.

If you are a student, only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the United Kingdom. To be considered, the extended family member must be able to demonstrate that they are dependent on you. If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.

My family member is not an EEA national? If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by Visa Services. Your family members should apply for an EEA family permit at their nearest British diplomatic post.

What is the employment restrictions? You and your family members can:

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

You will not need to apply for a work permit. Your employer should not discriminate against you because of your nationality in terms of conditions of employment, pay or working conditions.

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia you will need to register under the Worker Registration Scheme when you take work in the United Kingdom. If you are a national of Bulgaria or Romania you must not work until we have given you permission.

What is 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 for you in the United Kingdom for a maximum period of 90 days without having to apply for a work permit. Your employees must have been working for you in Switzerland or an EEA member state for a reasonable period of time. If your employees are not EEA or Swiss nationals they will need to apply for posted workers authorisation. Visa Services is responsible for processing applications for posted workers authorisation. You should contact your nearest British diplomatic post for details of how to apply.

Can I recieve public funds? You do not have to work while you are living in the United Kingdom. If you do not work you must be able to support yourself and your family in the United Kingdom without becoming an unreasonable burden on public funds.

What is the Registration Certificates? A registration certificate is a document, issued to EEA or Swiss nationals, that confirms their right of residence under European law. You do not need to have a registration certificate to enter, live in or work in the United Kingdom.

If you are a national of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia, you cannot apply for a registration certificate until you have completed 12 months of continuous employment in the United Kingdom.

For your application to be accepted, you must provide:

• a valid identity card or passport issued by a country in the EEA or Switzerland; and
• evidence that you are a qualified person.

What is the Residence Card and why is this important? Family members who come to the United Kingdom with an EEA or Swiss national, but who are not themselves nationals of an EEA country or Switzerland, can apply for a residence card. The residence card confirms their right of residence under European law. A residence card is normally valid for five years, and takes the form of an endorsement that is placed in the holder’s passport. For your application to be accepted, you must provide a valid passport and evidence that you are a family member of the EEA national.

Is there are a family residence stamp? Residence cards are not immediately available to all family members. Family members who are not themselves nationals of an EEA country or Switzerland, and who are in the United Kingdom with a national of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia, cannot apply for a residence card until the national of that country has been employed continuously in the United Kingdom for 12 months. Until this 12-month period is completed, a family member who is not an EEA or Swiss national can apply for a family member residence stamp (FMRS) to confirm their right of residence under European law.

Can I apply for permanent residence? After you have lived in the United Kingdom for a continuous period of five years you can apply for confirmation of your permanent residence. You will need to have been in employment, self-employment, studying or self-sufficient in the United Kingdom throughout the five-year period. For your residence in the United Kingdom to be considered continuous, you should not be absent from the United Kingdom for more than six months each year. However, longer absences for compulsory military service will not affect your residence. Additionally, a single absence of up to 12 months for important reasons such as pregnancy, childbirth, serious illness, study, vocational training or posting overseas will not affect your residence.

EEA and Swiss nationals will be issued with a document confirming that they are permanent residents in the United Kingdom. This document has no expiry date.

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