What is an EEA Registration certificate?
An EEA Registration certificate is a document confirming that EEA nationals have the right to reside and work in the UK. The EEA nationals exercising treaty rights in the country can apply for an EEA registration certificate to confirm their rights of residence under the European Convention law.
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.
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 right.
Who can apply for Registration Certificate?
All EEA nationals are eligible to obtain registration certificate under the EEA regulations provided they fall under one of the following categories:
Exercising Treaty Rights as EEA Nationals
In applying for an EEA Registration Certificate, Regulation 6 of the EEA Regulations of 2006 states that an EEA national who is in the UK and exercising free movement rights is regarded as a qualified individual and these nationals are also regarded as qualified persons if they are exercising free movement rights in any of the following categories; Job seekers, Worker, Self-sufficient person, Self-employed person and student.
EA 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.
Exercising Treaty Rights as a Worker
An EEA who is employed can also qualify to exercise free movement rights. Their respective job employment must be on full time or on part time basis and the job must be genuine and effective paid work and carried out under the supervision of someone else and they must be able to support themselves without resorting to claiming public funds. Based on Regulation 6 (2), this EEA national might still be regarded as a worker even if he or she is temporarily out of employment and if:
• They are ill or they have been involved in an accident
• They have started vocational training that is related or not related to their previous employment
• It is due to involuntary or voluntary unemployment
Exercising Treaty Rights as a Job Seeker
Regulation 6(4) of the European Economic Area (EEA) Regulations of 2006 clearly states that an EEA national who is actively seeking for employment or has a realistic chance of getting a job may also be seen as exercising free movement rights in UK. These particular individuals may also exercise treaty rights if they fit the following conditions stated below:
• Unemployed for a period under six months;
• Employed for a year prior to becoming unemployed or are registered as a job seeker;
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
The EEA national who is exercising free movement rights as a qualified person in the UK is classified as self-sufficient if he or she has the following:
• Adequate and necessary funds to provide living expenses for him/herself without requiring to claim benefits in the UK;
• They have comprehensive sickness insurance in the UK for themselves and any of their family members.
These nationals are expected to support themselves and may lose right of residency if they become a burden to the UK system or claim certain public funds. A retired individual may be qualified as self-sufficient if he or she can provide evidence of receiving a pension or has enough income from other sources such as investments.
An EEA national who is in the UK that provides enough evidence to show that they are exercising free movement rights as a self-sufficient capacity can apply for a registration certificate.
The EEA national involved in charity work can also be part of the self-sufficiency category, that is, if he or she has enough funds to support themselves or if the charity is meeting their living costs. For instance a volunteer is considered as a self-sufficient individual if their living costs is met by the organization or company they work for….
Exercising treaty, rights a as 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:
o bank statements
o other evidence of the award of a grant or sponsorship, or
o 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 You Should Contact International Immigration Regarding This Case?
Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.
Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.
We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).
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Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen.
After consultation, if you wish us to start preparing your case, you can expect the followings from our us:
• Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.
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Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including
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You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk
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