EEA Nationals and their Families

People from European Member States other than the UK have certain rights to stay, referred to as free movement, based on European law rather than on Britain's own immigration rules. They can come into the United Kingdom freely, just as British citizens can, and are usually allowed to stay here. If they have family members who have another nationality, rather than a European passport, those family members will usually also be able to stay here. The rules are easier to meet than the usual immigration rules affecting people of other nationalities. There are specific rules, again different from the UK immigration rules, allowing family members without EEA passports to stay on here, even if their EEA relative dies, or stops work, leaves the UK or divorces. In any case, the rules about refusing EEA nationals or their family members, or removing them from the UK, are far more tightly set than the immigration rules, and give the Home Office much less discretion.

In certain circumstances the family members of British citizens will be able to rely on these extra rights.

There are detailed rules about the documents that may be needed, and about the rights that people have when they are here. There are also arrangements, new from the end of April 2006, for EEA nationals and their family members to gain permanent residence after five years here.

The EEA (European Economic Area) comprises 29 countries (including Britain and Switzerland), all of whose nationals can rely on European law. Four of them are not members of the European Union (the EU), but their citizens have the same rights to enter, to stay, study or work, and as well as to be joined by their family members. For a transitional period, citizens of 8 of the newest Member States face special rules if they are working in the UK See below.

The children of EEA nationals working here, and children who are themselves citizens of EEA states, will in some circumstances gain residence rights of their own. In these cases they will have a right to stay in the UK as long as they remain at school, or as long as they are supported, and a parent caring for them will also be able to stay, whatever her own citizenship happens to be.

The advisers at Lawrence Lupin Solicitors have experience of all of these areas of the law, and will be pleased to advise and help you with applications.

Special rules apply if you are from a country, which joined the EU from May 2004.

The European Union continues to expand, and as it takes in new Member States the citizens of those new countries are generally given more limited rights than nationals of the established states. During a transitional period lasting for some years, citizens of the 'Accession' states are only able to come here to take jobs under certain conditions. Other rights are unaffected, so that these citizens enter the UK just as freely as any other EU citizens, and can set up in business, or study here on the same terms too. All that is affected is the right to work. Lawrence Lupin solicitors are well equipped to advise and help you with all aspects of the scheme.

For the 'A8' countries, eight of the countries who joined in May 2004, from the Baltic and central Europe, there is a scheme of registration. Workers from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia are free to take any job here, but during their first year in the country they must apply to register with the Home Office within one month of starting work, and pay a fee. If they change employer they must register again. This registration lasts for one year, after which they are treated in the same way as workers from the established Member States, and no longer need to register.

Employers can lawfully hire anyone from one of these countries, but are expected to ensure that the worker registers, unless he or she has been working here for more than a year already. If they fail to do so, the employer will commit an offence by continuing to employ the person after the first month.

Family members have similar rights to those of other EU or EEA citizens, but with certain conditions.

Citizens of the two new Member States, Bulgaria and Rumania, already referred to as the 'A2' countries, have even more restricted rights. Workers from these two countries will still need work permits to take most kinds of employment. Some areas of low-skilled work will be reserved only to A2 nationals, in agriculture and food processing for instance, but they will otherwise need to show they have skills needed by the UK economy.

The details of these schemes can be confusing, and can change at short notice. Lawrence Lupin solicitors will ensure that you have up-to-date, reliable and friendly help.

If you would like to take advantage of our expert immigration, asylum, or nationality law advice, then contact us now. Lawrence Lupin Solicitors 020 8733 7200