The UK has always been an attractive destination for both temporary and permanent immigrants from all over the world. The expansion of the European Economic Area has brought thousands of migrants to the UK  in search of economic opportunity.

Although there is no need for  EEA nationals to obtain a residence permit, as it only confirms their pre-existing rights to reside and work in the UK, it is  important when there is a non-EEA national family member deriving his / her rights from the EEA national.

There are different categories of persons who need to fulfill relevant criteria, in order to get a resident permit:

a. Worker
b.  Self-employed Persons
c. Self-sufficient Persons
d. Provider / recipient of services
e. Students
f. Retired Person

A. Workers

All EEA nationals (except  nationals of the A8 Accession States, who first need to complete 12 months of registration under the Worker Registration Scheme - WRS) who wish to take employment in the UK have automatic   rights to reside and work in the UK.

1.     Who can apply for a Residence Permit?

Nationals of all the EEA states (except A8 nationals, i.e. those from Latvia, Lithuania, Estonia, Poland, Hungary, Slovakia, Slovenia and the Czech Republic) can make an application for a residence permit as a worker if they provide the documents mentioned below and are intending to take employment in the UK for more than three months. Nationals of the accession states however, can apply for their residence permits as workers only once they successfully complete one year of registration with the UK Border Agency under the WRS scheme.

2.     Requisites for a Residence Permit application

The UK Border Agency provides, on its website, relevant application forms,  i.e. Form EEA1 for a residence permit application for EEA nationals and their EEA national family members. The following  documents / information  needs to be provided for this type of residence permit application:

o    Original Passport / ID card of the main Applicant

o    Original passport / ID card of the dependant applicants

o    Letter from the Employer confirming the employment of the main applicant (commencement & duration of the employment)

o    Employment Contract, if available.

o    Pay slips

o    Two Passport photos

o    Relevant birth/marriage certification

It is not necessary to have full time employment in order to qualify for a residence permit, even part-time employment renders an EEA national eligible to apply.

3.     Duration of Residence Permit

The duration of the residence permit depends on the proposed length of the employment:

o    If the duration of the employment is of less than three months, there is no requirement to apply for a residence permit.

o    If the duration of the employment is more than three months but less than a year, the duration of the residence permit would be restricted to the duration of the employment.

o    If the employment is for more than a year, the residence permit is issued for the maximum duration permissible, ie  for five years.

4.     Effect of Public Funds

EEA nationals residing in the UK would be expected to arrange for their maintenance and accommodation without recourse to public funds but any public funds taken do NOT have any effect on their right to live and work in the UK. Work-seekers (workers who have ceased to work because of involuntary redundancy) continue to have a right to live in the UK although they do not continue to qualify for a residence permit, unless they fall into the provisions described below in section 5.

5.     Temporary Incapacity to work / Involuntary Redundancy

A person who has worked in the UK but temporarily ceases to work will NOT  cease to be a person having the right to have a residence permit. For example if such a person is unable to continue his employment due to illness, maternity leave, accident / injury or other unavoidable reasons, he does not lose the right to apply for a residence permit, provided it is their intention to resume work as soon as possible.

Generally a person would not be expected to have such a break from work of longer than six months. Any longer than that and it is considered that the continuity of the exercise of EC treaty rights is broken (for the purposes of later applying for permanent residence – see section 7 below).

6.     Family Members of the applicant

Family members would also be given residence permits (provided they are also EEA nationals) in line with the main applicant, whereas if the family member is a non-EEA national they can either apply for a family permit or a residence document.

Family Permit

A family member includes spouse, child under the age of 21, and other family members. Please note that more distant relatives can also come under  the definition of a family member, but they are required to prove that they are financially dependant on the EEA national.

A non-EEA family member of an EEA national should make an application for a family permit:

o    when he seeks to enter the UK together with his EEA family member; or

o    when he seeks to enter the UK to join his EEA family member in the UK.

Please note that he/she needs to fulfill the normal entry clearance criteria if he/she intends to enter the UK for any other purpose apart from the above-mentioned. This type of permit is issued for a maximum period of six months, upon the expiry of which, the non-EEA national then needs to apply for a residence document in line with the residence permit of the EEA national or a Family member residence stamp if the EEA national is an A8 national and is registered under the WRS scheme.

Residence Document

A residence document is issued to a non-EEA dependant family member of an EEA national exercising treaty rights in the UK and is normally issued for the same duration as the residence permit  issued to the EEA national. This document then gives unquestionable rights, to the dependant of the EEA national, to reside and work in the UK.

7.     Settlement Prospects

Residence Permit holders who have remained in the UK in continuous exercise of their EC Treaty Rights for 5 years can apply for permanent residence provided they have continuously met all the requirements of the residence permit. Non-EEA family members of EEA nationals can apply simultaneously with the EEA national for permanent residence.