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EEA Registration Certificate

An EEA Registration certificate is a document that confirms that an EEA national has a right to reside and work in the UK. Importantly, an EEA citizen exercising treaty rights in the country can ask to be issued an EEA registration certificate for the purpose of confirming his/her rights of residence under the European Convention law. To make an application under this category, you will need to complete the EEA (QP) application form.

Admission and residency rights

Under regulation 11, an EEA National has the right to enter the United Kingdom (UK) as long as they show a valid national identity card or passport issued by an EEA state. As soon as they are admitted into the UK Economy, an EEA National should be able to live in the UK for about 3 months according to regulation 13 of the 2006 Immigration (EEA) Regulation.

An EEA National also has the extended right to stay in the UK provided they meet the requirements of being a “qualified individual”, this is based under regulations 14 of the EEA Regulation policy.

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 exerting free movement rights in any of the following categories; Job seekers, Worker, Self-sufficient person, Self-employed person and student.

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 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 Self-Employed Person

Exercising Treaty rights as a self-employed person entails been able demonstrate using appropriate documentary evidences such as invoices to confirm the business or work embarked on, evidence of business accounts, bank statements or accountant’s letter or self-assessment forms which are submitted to HMRC to show that you are self employed in the UK.

Regulation 6 (3) of the EEA Regulations 2006 states that an EEA national who is temporarily out of work due to illness or an accident and is exercising free movement rights as a self-employed individual is also classified as self-employed.

These nationals also have the right to claim public funds like benefits and ‘top up’ benefits for low income earners without affecting their rights of free movement and residency.

An EEA national who is in the UK that provides enough evidence to show that they are exercising free movement rights as a self-employed person can 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 as a Student

An EEA citizen in the United Kingdom who is a student may exercise treaty rights as a student;

  • If the student who is an EEA national has obtained admission into a private or public institution or educational establishment that is recognized or complies with the Immigration (EEA) Regulations of 2006. A register of sponsors under the points-based system that indicates which organizations are licensed under Tier 4 students can be downloaded using the correlated links.
  • The student should be able to provide evidence such as bank statements, evidence of an award of a grant or sponsorship or a written statement from the student themselves that illustrate that they have enough money to meet their living expenses.
  • If the student is registered on a course of study that has already started
  • If the student is able to show evidence of comprehensive insurance

These particular students may lose their rights of residency if they claim certain public funds or they become a burden to the UK system.

A student may also apply for a registration certificate as an EEA national who makes available evidence to show that they are exercising free movement rights in the UK.

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Kind regards
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