EEA workers, self-employed people, and Family Members

Residence and Settling in the UK as EEA national and Dependants

Talk Visa Limited advisors are experienced in advising EEA nationals, including those from A8 and A2 countries, on their rights and entitlements under European law. We advise on all areas, from lawful working to rights to be joined by family members, such as spouses, unmarried partners, children and dependent relatives, be they also EEA nationals or third country non-EEA nationals. We advise on applications for permanent residence in the UK.

We advise on rights to remain in the UK following a change of circumstances such as a marriage breakdown between an EEA national and a non–EEA national and on the special rights which apply if there are children from the relationship.

Who are EEA nationals?

People who are citizens of countries in the European Economic Area (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany. Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) and Switzerland have freedom of movement within Europe.

All nationals of all these countries have the right to enter self-employment in the UK. The rules about employed work, however, are different for the citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia (the A8 nationals), and for citizens of Bulgaria and Romania (A2 nationals).

Workers (and people temporarily out of work) retain worker status

Citizens of the rest of the EEA and Switzerland, (but not A8 nationals or those from Romania or Bulgaria), have the right to live in the UK to seek work (as a jobseeker) and as workers, as long as the work is real, and more than 'marginal', in other words is more than a few hours a week or earns them more than a minimal amount. Once they have started work, if they are unable to carry on working, they will retain their worker status:

• If they have worked for a year and sign on as unemployed.


• If they have worked for less than a year, and have been unemployed for less than six months or can provide evidence that they are seeking work and have a genuine chance of getting work.


• If they are temporarily unable to work because of illness or accident.


• If they go into vocational training in certain circumstances.

However, this protection does not apply to:

• Citizens of the A8 states to whom different rules apply.


• Citizens of Bulgaria and Romania (A2) to whom different rules apply.


• A person who is a family member of any of the above.

All EEA nationals who have had the right to live in the UK for five years get the right to permanent residence automatically.

Rights under EEA law is a fast changing area of law. The rules are complicated and often misunderstood, especially the rights of former workers and the rights of the non-EEA family members following a relationship breakdown.

Contact Talk Visa Limited to ensure that you receive up to date professional advice on how the law applies to your situation.

Talk Visa Limited are also specialist in representing those whose applications have been refused and have appeal rights to the Asylum and Immigration Tribunal and up to the High Court for reviews.