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.
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.
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.
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:
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:
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.
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:
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.
An EEA citizen in the United Kingdom who is a student may exercise treaty rights as a student;
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.
This enquiry has been dealt with privately by one of our immigration solicitors
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