EEA (and Swiss) Nationals

Currently, anyone who holds a passport of a member of the European Economic Area or Switzerland automatically has the right to live and work in the UK and can apply for a registration certificate. It is not mandatory to apply for this certificate to live legally in the UK, but it may be required in some cases, such as:

  • If you have family members that are not EEA nationals who wish to apply for a UK family permit, you will need to provide proof that you live legally in the UK. A registration certificate will fulfil this requirement
  • Some employers may want a copy of a registration certificate to prove your eligibility to work in the UK.

If you are a citizen in a country of the European Economic Area or Switzerland who is currently living and working in the UK and you have family members who are not EEA or Swiss nationals, you may be able to apply for them to live with you in the UK. There are a number of different options available to you and our immigration specialists will be able to help you find the one that best suits your circumstances.

Permanent Residence

If, as an EU National, you have been exercising your Treaty Rights in the UK for a period of 5 years, you are entitled to apply for a Document Certifying Permanent Residence.

If you have been living as the dependant family member of an EU national who has been exercising their Treaty Rights in the UK for a period of 5 years then you are able to apply for Permanent Residence Card.

Retained Rights of Residence

This right can be exercised by people who were related to an EEA national through civil partnership or marriage but the relationship no longer exists either due to divorce, dissolution or death of the EEA National. We will be able to advise you whether, given your particular circumstances, you will qualify for Retained Rights of Residence.

Derivative Rights of Residence

You may qualify for derivative rights of residence in the UK if you match the criteria of any of the following categories:

  • You are the primary carer/guardian of a British born child and/or a dependent adult and asking the primary carer to exit the UK would mean forcing the British national to leave with the carer
  • You are the primary carer of a child who happens to be an EEA national and exercising free movement rights in the UK as a self-sufficient individual and asking you to leave the country would deprive the child from exercising these rights
  • The child of an EEA national who is a worker or an ex-worker and the child is enrolled in an educational institute in the UK can exercise derivative rights of residence
  • You are the primary carer/guardian of a child of a current or former EEA national worker and the child is studying in the UK, if you are asked to leave the country, the decision will prevent the child from continuing education in the UK
  • You are an under-18 child dependent on a primary carer/guardian who falls under any of the above mentioned categories and a decision for you to leave the UK would mean the primary carer will also have to leave the UK

It is worth noting that after the Brexit Vote, we know the law will be changing but until the Government make those announcements, the law in relation to EU Nationals remains the same.