If an EEA national is exercising Treaty rights in the UK then s/he may request that s/he is issued with a registration certificate as confirmation of his/her right of residence under EC law. Application is made to the Home Office, UKBA using application form EEA (QP). Previously such application was submitted using application form EEA1.

The Immigration (EEA) Regulations 2006 applies and interprets the UK's obligations under the Free Movement of Persons Directive 2004/38/EC into domestic law. The right given to EEA nationals under these regulations is commonly known as free movement rights.

Switzerland is not part of the EEA, but Swiss nationals and their family members also have the same free movement rights as EEA nationals.

Right of admission and right of residence

An EEA national has the right to enter the UK. They must show a valid national identity card or passport issued by an EEA state. This right is given under regulation 11 of the regulations. Once admitted to the UK, an EEA national may live here for up to three months under regulation 13 of the 2006 Immigration (EEA) Regulation.

Regulation 14 of the regulations gives an EEA national an extended right to remain in the UK as long as they continue to meet the condition of being a ‘qualified person’. For more information, see link on left: Conditions of free movement rights.

EEA member states

Countries that are part of the EEA are known as member states. Nationals of these countries are known as EEA nationals. The member states include countries in the European Union (EU) and also Iceland, Lichtenstein and Norway, who are not part of the EU. The list below shows the EEA member states in alphabetical order.

Austria | Belgium | Bulgaria |Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Germany | Greece | Hungary | Iceland | Irish Republic | Italy | Latvia | Liechtenstein | Lithuania | Luxembourg | Malta | Netherlands | Norway Poland | Portugal | Romania | Slovakia | Slovenia | Spain | Sweden | United Kingdom

Nationals of Gibraltar have full British citizenship and are considered part of the European Economic Community. This means that people from Gibraltar have rights of free movement within EEA member states other than the UK. EEA nationals may also exercise free movement rights within Gibraltar.

Switzerland

On 1 June 2002 the agreement between the European Community, its member states and the Swiss Confederation on free movement rights came into force. The agreement gives Swiss nationals and their family members the same free movement rights as EEA nationals and their family members.

Exercising Treaty Rights As EEA Nationals

Under regulation 6 of the Immigration (EEA) Regulations 2006, a qualified person is an EEA national who is in the UK and exercising free movement rights in any of the following five categories:

  • job seekers
  • worker
  • self-employed person
  • self-sufficient person
  • student

Exercising Treaty Rights As A Worker

An EEA national may exercise free movement rights in the UK as a qualified person if they are working. The EEA national must be doing genuine and effective paid work, carried out under the direction of someone else, on a full-time or part-time basis.

EEA nationals who are in the UK as a worker are expected to be able to support themselves. They may claim public funds under European Community law without losing their right of residence.

Under regulation 6(2) of the Immigration (EEA) Regulations 2006, if an EEA national stops working, they may still be considered a qualified person if:

  • they are temporarily unable to work because of an illness or accident
  • they are involuntarily unemployed and have started vocational training or
  • have voluntarily stopped working and started on vocational training related to their previous employment.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a worker may apply for a registration certificate.

Exercising Treaty Rights As A Job Seeker

An EEA national may exercise free movement rights in the UK as a job seeker if they are seeking work. Under regulation 6(4) of the Immigration (EEA) Regulations 2006, they must show they are actively seeking work and have a realistic chance of finding work.

The EEA nationals may also exercise treaty rights if:

  • they have registered as a job seeker and were employed for at least a year before becoming unemployed; and
  • have been unemployed for no more than six months, or
  • can provide evidence that they are seeking employment in the UK and have a genuine chance of being engaged.

Exercising Treaty Rights As A Self-employed Person

An EEA national may exercise free movement rights in the UK as a qualified person if they work for themselves in a self-employed capacity. Anyone who claims to be exercising free movement rights as a qualified person in this category must be self-employed and registered for income tax and national insurance purposes as a self-employed person with HM Revenue & Customs (HMRC). To prove that you are exercising treaty rights as a self-employed person you may have to provide various documents including proof of registration with HMRC, invoices for work done, a copy of business accounts, an accountant’s letter, bank statements or other similar documents.

Under regulation 6(3) of the Immigration (EEA) Regulations 2006, if an EEA national exercising free movement rights as a self-employed person is temporarily unable to work because of illness or accident, they may still be classed as self-employed.

An EEA national exercising free movement rights as a self-employed person may claim public funds like ‘top up’ benefits for low paid workers or benefits for the involuntarily unemployed without their right of residence being affected.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a self-employed person may apply for a registration certificate.

Exercising Treaty Rights As A Self-sufficient Person

An EEA national may exercise free movement rights in the UK as a qualified person if they are self-sufficient. A self-sufficient person is someone who has:

  • enough money to cover their living expenses without needing to claim benefits in the UK, and
  • comprehensive sickness insurance in the UK for themselves and any family members.

EEA nationals who are in the UK in a self-sufficient capacity are expected to be able to support themselves. They may lose their right of residence if they claim certain public funds and become a burden on the social assistance system in the UK. A retired person may qualify as self-sufficient if they can show that they receive a pension or have enough income from other sources for example, investments, to cover their living expenses without needing to claim benefits in the UK.

An EEA national who can provide sufficient evidence to show that they are exercising free movement rights in the UK in a self-sufficient capacity may apply for a registration certificate.

An EEA national doing charity work may qualify as self-sufficient if they can show they have enough funds to support themselves, or that a charity is meeting their living costs. For example, a volunteer may qualify as self-sufficient if their living costs are being met by the charity organisation they work for.

Exercising Treaty Rights As A Student

An EEA national may exercise free movement rights in the UK as a qualified person if they are a student. Anyone who claims to be exercising free movement rights as a qualified person in this category must be:

  • Enrolled to follow a course of study at a private or public educational establishment recognised as an education or training provider that complies with the Immigration (EEA) Regulations 2006. You can download the register of sponsors under the points-based system which shows organisations that are licensed under Tier 4 students using the related link.
  • Able to show they have enough money to meet their living expenses. You may accept evidence such as:
    • bank statements
    • other evidence of the award of a grant or sponsorship, or
    • a written declaration by the student that they have enough money
  • Registered on a course of study that has started.
  • Able to show they have comprehensive sickness insurance.

EEA nationals who are in the UK as a student are expected to be able to support themselves. They may lose their right of residence if they claim certain public funds and become a burden on the social assistance system in the UK.

An EEA national who provides sufficient evidence to show that they are exercising free movement rights in the UK as a student may apply for a registration certificate.

Why Sunrise Solicitors For EEA (QP) Application?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Registration Certificate as an EEA national who is exercising treaty rights in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your EEA (QP) application and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your EEA (QP) application, we will do the following immigration for you:

  • Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, Liverpool in your immigration case;
  • Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case;
  • Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your EEA (QP) application;
  • Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of the application and discuss the same with you;
  • Our immigration solicitors will complete the relevant immigration form and discuss the same with you;
  • Our immigration solicitors will prepare a covering letter to introduce and support the EEA (QP) application;
  • Our immigration solicitors will liaise with the Home Office, Liverpool for an expeditious decision on your EEA (QP) application;
  • Our immigration solicitors will protect your interests while your application is pending with the Home Office, Liverpool and keep you informed of the progress on your immigration matter;
  • Our immigration solicitors will do all the follow up work until decision is reached on your EEA (QP) application;
  • Our immigration solicitors will advise you about the implications of the Home Office decision

Our Fee For EEA (QP) Application

  • We will charge you a fee from £800.00 + VAT for our professional immigration services in relation to your Registration Certificate as EEA national - EEA (QP) application. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installment.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, etc.

© Sunrise Solicitors 2017 | Authorised and Regulated by the Solicitors Regulation Authority. SRA Registration No. 490903