Although there is no need for the EU nationals to get a resident permit as it only confirms their existing rights to stay and work. But it is considered important when there is a non-EEA national family member deriving his / her rights from the EEA national.
There are different categories of persons who need to fulfil relevant criteria, in order to get a resident permit.
Self employed Persons
Provider / recipient of services
All EEA nationals (not amongst the nationals of 8 Accession States as they need to complete 12 months of registration under the Worker Registration Scheme) who wish to take employment in the UK have all the rights to stay and work in the UK.
Who can apply for Resident Permit?
Nationals of all the EEA states (except the 8 accession states i.e. Latvia, Lithuania, Estonia, Poland, Hungary, Slovakia, Slovenia and Czech Republics) can make an application for a resident permit as a worker if they provide the documents mentioned above and intend to take an employment for more than three months. The nationals of the accession states however, can apply for their resident permits as workers once they successfully complete one year of registration with the Home Office under the WRS scheme.
Requisites for A resident Permit application The home office has provided new application form i.e. EEA1 for a resident permit application for EEA nationals and their EEA national family members. Following are the documents / information that needs to be provided to the Home office, for a resident permit application:
Only relevant part of the application needs to be filled in while the rest of the form is not required to be completed.
Original Passport / ID card of the main Applicant
Original passport / ID card of the dependant applicants
Letter from the Employer confirming the employment (commencement & duration of the employment)
Employment Contract, if available.
It is not necessary to have full time employment in order to qualify for a resident permit, even a part time employment also makes an EEA national eligible to apply for one.
Duration of Resident Permit
The duration of the resident permit depends on the proposed length of the employment:
If the duration of the employment is of less than three months, there is no requirement to apply for a resident permit.
If the duration of the employment is of more than three months but less than a year, the duration of the resident permit would be restricted to the duration of the employment.
If the employment is for more than a year, the resident permit is issued for the maximum duration that is for five years.
Effect of Public Funds
EEA nationals residing in the UK would be expected to arrange for their maintenance and accommodation without recourse to public funds but any funds taken do not have any effect on their right to live and work in the UK. But work seekers (workers who have ceased to work because of involuntary redundancy) continue to have a right to live in the UK although they do not qualify for a resident permit.
Temporary Incapacity to work / Involuntary Redundancy
A person who has worked in the UK but temporarily ceases to work will not cease to be a person having the right to have a resident permit. For example if such person is unable to continue his employment due to illness, maternity leave, accident / injury or other unavoidable reasons, he does not lose the right to apply for a resident permit.
Generally a person is not expected to have a break for more than six months.
Family Members of the applicant
Family members would also be given resident permits (provided they are also EEA nationals) in line with the main applicant whereas if the family member is a non-EEA national they can either apply for a family permit or a resident document. The family members of the EEA national derive their rights from the non-EEA national exercising treaty rights in the UK.
A family member includes spouse, child under the age of 21 years of age, and other family members. Please note that more distant relatives can also come in the definition of a family member but they are required to prove that they are financially dependant on the EEA national.
A non-EEA family member of an EEA national should make an application for a family permit:
when he seeks to enter the UK together with his EEA family member; or
when he seeks to enter the UK to join his EEA family member in the UK.
Please note that he needs to fulfil the normal entry clearance criteria if he intends to enter to UK for any other purpose apart from the above-mentioned. This type of permit is issued for the maximum period of six months and before the expiry of which the non-EEA national needs to apply for a resident document in line with the resident permit of the EEA national or a Family member residence stamp if the EEA national is registered under the WRS scheme.
A resident document is issued to a non-EEA dependant family member of an EEA national exercising treaty rights in the UK. It is normally issued for the same duration as resident permit is issued to the EEA national. This document gives all the rights to the dependant of the EEA national to reside and work in the UK.
Resident Permit holders who have remained in the UK in exercise of their treaty rights for 5 years can apply for permanent residence provided they have continuously met all the requirements of the resident permit.