We can advise all EEA Nationals and their family members on their current rights of residence under EU Law. We can also help people apply for EEA residence documentation to prove their right to remain.
STOP PRESS: As of 28 March 2017, the United Kingdom formally notified the European Council of its intention to leave the European Union, triggering a two year ‘Brexit’ negotiation period. There has not been any change to the rights of EEA nationals living in the UK, or that of British Citizens living in Europe but pleased be aware that there may be changes in future.
Under EU Law, citizens of the European Union enjoy the right of free movement between Member States of the EU, including the United Kingdom. This system allows European (EEA) Nationals to enter and reside in the UK without any kind of visa or official immigration status documentation.
Such documentation can however be obtained, and for many EEA Nationals it may be required by employers and any other official body that seeks proof of lawful residence under the EEA Regulations 2016. There are also some instances where family members must have documentation in place in order to remain in the UK.
There are many circumstances in which EEA Nationals, or their family members can obtain or retain rights of residence under EU Law even where they do not meet the requirements of the ordinary rights of residence. This generally applies where there has been a change in the family relationship or in circumstances where family members are needed in the UK for personal care.
Rights of Residence
The rights of an EEA National to enter and reside in the UK generally operate in four stages:
- Right of Admission
- Initial Right of Residence
- Extended Right of Residence
- Permanent Residence
Each of these stages operate in a different and it is important that EEA Nationals understand what stage of the process they are in as it may affect the legal rules and regulations that apply.
EEA Documents can be obtained for each stage, and the requirements for obtaining these documents can differ depending on whether the applicant is an EEA National themselves or a family member. The specific nationalities of the EEA Nationals or their family members may also have an impact, particularly where non EEA family members are involved.