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BUSINESS TRAVEL: WHAT YOU NEED TO KNOW
European Economic Area Applications
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- Q. How do I know whether I am an EEA National?
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The countries listed below are members of the EEA (European Economic Area). If you are a national from one of these countries, you do not require a visa to live or work in the UK.
However, please note that there are still restrictions in place which affect nationals from Bulgaria and Romania. These restrictions will be lifted at the end of 2013, but until then nationals from these countries need to seek permission to work before taking up a job in the UK.
Austria Greece Netherlands
Belgium Hungary Norway
Bulgaria Iceland Poland
Czech Republic Ireland Portugal
Cyprus Italy Romania
Denmark Liechtenstein Slovakia
Estonia Luxembourg Slovenia
Finland Latvia Spain
France Lithuania Sweden
Germany Malta United Kingdom - Q. What rights do I have as an EEA national?
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You have the right to live and work in the UK as long as you are either employed or have enough money to support yourself and your family without the need for public funds.
This is referred to as ‘the right of residence’ and means you do not need to apply for permission to live or work in the UK, and the right continues as long as you remain a qualified person who is exercising Treaty rights.
- Q. What if I am from Switzerland?
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Swiss nationals have the same rights as EEA nationals and their families, despite the fact Switzerland is not in the EEA. The rights of free movement were extended to the citizens of Switzerland in 2002.
- Q. How can I enter the UK if I don’t have a visa?
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If you are EEA national to enter the UK you will only need to show your passport or national identity card to the immigration officers at the port of entry.
- Q. What is a qualified person?
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A qualified person is an EEA national who is in the UK for longer than 3 months and is exercising a Treaty right as any of the following;
- Jobseeker – you must be able to show evidence that you are actively seeking employment and have a genuine chance of getting a job
- Worker – you must be able to show evidence you are in full or part-time employment
- Self-employed person –you must be able to prove that you have established yourself in the UK as a self-employed person
- Self-sufficient person – you must be able to show you will not become a burden on public funds and that you have sickness insurance cover.
- Student – you must be enrolled at an establishment included on the DFES Register of Education and Training providers
- Q. What is a registration certificate and do I need one to work in the UK?
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A registration certificate is a document issued to EEA or Swiss nationals, which confirms their right of residence under European law.
As an EEA national you do not need this certificate to enter live in or work in the UK, but the application is free and it can be useful as evidence of the right conferred upon you by European law.
- Q. Can my non-EEA family members come with me to the UK?
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Yes, if you are a national from an EEA country and you have non-EEA family members, they will also have the right to live here as long as they fall in the UKBA’s approved list of ‘family members.’
Spouses, children aged up to 21 (and older if still dependent on parents) and parents are included on this list.
- Q. Can my family members work in the UK?
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Yes, your non-EEA family members will usually be able to work in the UK with no restrictions as long as you remain a qualified person in one of the categories mentioned above.
- Q. Do my non-EEA family members need to apply for an EEA family permit?
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If you have a non-EEA family member who wishes to travel with you and they are either a ‘visa national’ or coming to live in the UK permanently or on a long-term basis, they should obtain a family permit before travelling to the UK.
This will act as a form of entry clearance, demonstrating proof of their right to join you in the UK, and is important because the immigration officials may refuse entry if a relationship cannot be proven between you and your non-EEA spouse or child, for example.
- Q. My non-EEA spouse is being offered a job in the UK, but I will not be working. Can we still apply for my spouse to enter the UK based on my EEA nationality?
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In order for your spouse to be eligible to enter the UK in this situation, youl would need to be exercising treaty rights either as a worker, self employed or self sufficient person. If these requirements are not met then your non EEA spouse may not be able to enter under this category of visa.
- Q. As a non-EEA national married to an EEA person, can I work while my application is under consideration by the UKBA?
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This will depend on a number of factors and we would recommend that you seek advice before undertaking any work as employers in the UK will require evidence of right to work before being able to employ you formally.
- Q. Will my family need a Residence Card whilst in the UK?
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A Residence Card is not obligatory for non-EEA family members. However, they can apply for a Card as proof of their right to reside in the UK. It will be issued as a sticker contained in that individual’s passport, and is normally valid for 5 years.
- Q. How long does it take to process a residence card application?
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If you are applying overseas, the timeframes will vary from country to country. In the UK, the UKBA take up to six months or even longer to consider these types of applications. It is therefore important to plan ahead and coordinate the submission of the application to avoid any disruption to business or travel.
- Q. How do I qualify for the right to live permanently in the UK?
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You will normally acquire a permanent right of residence after living in the UK in accordance with the Treaties governing EEA nationals for a continuous period of 5 years.
You may apply for confirmation of your permanent right to reside in the UK and if you have non-EEA family members they can apply for a permanent residence card.
- Q. I am a non EEA national separated from my EEA spouse. Can I still apply for permanent residence?
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It is possible that you may be eligible for permanent residence, however this will depend on how long you were in the relationship before it ended, your current financial status and the length of time you have been in the UK. As this is a highly complex area of the law, we would always recommend that you seek professional advice before making any application under these circumstances.
- Q. What is the Worker Registration Scheme?
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This scheme applied to nationals of the countries which joined the EU in 2004, and allowed them to work in the UK. It has been closed since 30 April 2011.
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