European Community law allows EEA nationals a right of residence which is the right to live and work in the UK.

If you are an EEA national and you want to live in the UK for more than three months, you must be a 'qualified person'. This means an EEA national who is in the UK as:

• a jobseeker
• a self-employed person
• a worker
• a self-sufficient person (someone who can support themselves financially), or
• a student.

You are not required to obtain a work permit to work in the UK but you may need to register as a worker under the Worker Registration Scheme (see list of EEA nationals).

Family members of EEA nationals have the right to live in the UK with you.

Under European Community law, your family members include:

• Wife, husband or civil partner,
• Children or the children of your husband, wife or civil partner (including adopted children). Children over 21 must be dependent.
• Parents and grandparents or the parents and grandparents of your husband, wife or civil partner. Parents and grandparents must be dependent on you.
• Unmarried partners are also considered family members. Applications for unmarried partners to join you must meet the usual unmarried partner rules.

Non - EEA family members must get an EEA family permit before they travel to the UK if they are visa nationals, or if they are coming to live with you permanently or on a long-term basis. If they try to enter the UK for this purpose without an EEA family permit, their entry may be refused.

An EEA family permit is a form of visa or entry clearance that is issued so that members of your family who are not EEA nationals can travel with you, join you or remain in the UK (if already here) with you.

Making an application for an EEA residence permit for the United Kingdom entitles EEA nationals and their dependants to the right of residence. Right of residence under European Community law gives EEA nationals and their dependants the right to live and work in the UK.

A residence permit will entitle its holder to live and work in the United Kingdom, accept offers of work, start a business, manage a company, or set up a local branch of a company. This can be undertaken without the need for a UK work permit.

Applications for EEA residence permits allow a candidate's spouse, unmarried partner and or dependents to accompany them to the United Kingdom. Dependants obtaining leave to enter the UK in this category must be supported by the permit holder but will be afforded the same rights to work in Britain and to apply for Indefinite Leave to Remain (ILR) after five years.

The following countries are member of the European Economic Area (EEA):

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

EEA Nationals are not part of the European Community (EC) but can exercise the same rights in the United Kingdom as EEA nationals.

* From 1 January 2007 Bulgarian and Romanian nationals looking for work in the United Kingdom will need permission to work before starting any job.

** Nationals of these countries who come to the United Kingdom to work need to register under the Worker Registration Scheme.

Contact Ambler Collins for a free assessment of your eligibility to apply. Contact us at info@amblercollins.com or phone +44 (0)20 7371 0213

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