EU Residence Permits

EU NATIONALS

EU RESIDENCE PERMITS

The Maastricht Treaty of 1992 heralded a new chapter in the history of the UK and served to define the relationship between the UK and some of its neighbours in Europe. The Maastricht Treaty and developments since then have created a single space of mobility for EU citizens to live, travel, work and invest freely within EU borders.

Before the 1st of May 2004, EU nationals included nationals of Austria, Belgium, Denmark, France, Finland, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and of course the UK. Since the 1st of May, nationals of 10 further countries can now also be considered EU nationals. They are called the ‘Accession Countries’ and include Cyprus, Malta, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia. Nationals of Switzerland, Iceland, Lichtenstein and Norway are, by a special provision, also able to enjoy free movement rights, although they are not a part of the European Union.

EU nationals may travel and stay in the UK, if for example, they have a job in the UK or are looking for a job or are self-employed or establishing a business in the UK. Additionally, certain self-employed people who have stopped being economically active, self-sufficient persons, persons who wish to enter to provide or receive services, or retired persons can also stay in the UK. Most EU nationals exercise their free movement rights without necessarily having any ‘visa’ in their passport.

The EU Residence Permit, when issued in the UK, is formal recognition of the right of free movement that the EU national enjoys in the UK.

Where the EU national’s dependants are non-EU nationals, the dependants must have a permit, in the form of a visa, to enter the UK.

When and whether an EU national can apply for a residence permit is determined by how long they have been in the UK and whether they are an ‘Accession Country’ national or not.

WORKER REGISTRATION SCHEME

Nationals of the Accession Countries (except Cyprus and Malta) are normally required to register under the Worker Registration Scheme (WRS). As of the 1st of May 2004 if they have started, or intend to start a job and work for an employer for more than 1 month, then they are required to register. This requirement also stands if individuals have been working in the UK illegally since before the introduction of this scheme. Once the individual has spent a continuous period of 12 months on the WRS, the individual should be eligible to apply for an EU Residence Permit.

Nationals of the Accession Countries (except Cyprus and Malta) who were in the UK prior to the 1st of May 2004 and working legally before that date are not required to register under this Scheme and so would be eligible to apply for EU Residence Permits immediately.

Nationals of Cyprus and Malta can apply for an EU Residence Permit immediately.

Dependants

An EU national also has the right to have their family members join them in the UK. ‘Family members’ can include a spouses, children, grand children or great grandchildren aged under 21. If the children, grandchildren or great grandchildren are aged 21 or over, dependency on the EU national must be established. This right can also relate to dependant parents, grand parents or great grandparents. Other family members can also be admitted to the UK but this is on a discretionary basis.

An EU national or their family member needs to spend a minimum of 5 years continuous residence in the UK, whilst exercising free-movement rights to be eligible for Indefinite Leave to Remain (ILR) in the UK.

If you are interested in making one of the above applications, please contact one of our consultants on 0845 226 4030 for initial advice on the strength of your case and the requirements. Alternatively, you can direct email enquiries to info@uk-wp.com