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Many people rely on their EU law rights in order to travel to, and live in, other countries. Under EU law, European Economic Area nationals (the EEA comprises the 25 countries of the EU plus Iceland, Norway and Liechtenstein) do not need visas to travel to other EEA countries. Non-EEA family members of EEA nationals will need to obtain a visa to enter the Member State of choice. For those travelling to the United Kingdom, this means lodging an application with the Entry Clearance Officer (ECO) at the relevant British Embassy or High Commission in the country of origin. Successful applicants will have an EEA Family Permit stamped in their passport. Please note that nationals of eight of the ten new EU countries may be required to obtain further documentation. For further details please ask for our information note on Accession Country Nationals. Where the visit is for more than 3 months a Residence Permit should be applied for. Many EEA nationals in the United Kingdom never apply for a Residence Permit. This has no significant consequences, especially in view of the fact that British citizens do not need to carry Identity Cards with them. The AIRE Centre's opinion is that it is always better to apply for Residence Permits, as they can help to prevent problems when dealing with banks, bureaucracies or the police. Successful applicants in the UK will be given a small blue booklet complete with photo and proof of the right to reside. The Permit will be valid for 5 years. After 4 years, Indefinite Leave to Remain (ILR) in the UK can be applied for if the situation is as it was when the Residence Permit was issued. Domestic immigration law, not EU law, covers applications for ILR. Non-EEA ‘family members' should apply for Residence Permits as soon as possible where the stay is for more than 3 months. Successful applicants in the UK will have their passport endorsed as proof of their right to reside. They will also be entitled to work, and to travel in and out of the country. This endorsement will also run for 5 years, and during that time the non-EEA family member's right to reside will be dependent upon the EEA national. ILR can also be applied for after 4 years. It is important to note that Residence Permits are merely proof of the right to reside. They do not grant the right itself. This means that no one can be deported simply on the ground that they have not applied for, or obtained, the Permit. Applying
for a visa Applying for a Residence Permit Residence Permit applications should be sent to:
The documents that need to be submitted depend on who is making the application, and the Treaty right being exercised. EEA nationals who are ‘workers' in the UK need to send in:
These are the only documents that can be asked for. Where the EEA national is not a ‘worker', but is exercising a different Treaty right in the UK, they are asked to contact the AIRE Centre for details of the documents that must be submitted. Delays Relevant legal provisions
Moving
around the European Union Providing
services in the European Union Buying
Goods and Trading in the European Union Living
in another European Union country Getting
your qualifications recognised in another European Union country |
Living in another European Union country