Rights of Residence of EEA Nationals and Their Family Members
I’ve created this blog post to help you understand the most common misconception that number of EEA nationals and their family members have with regards to their rights of residence in the UK.
A number of EEA nationals think the following: well, am I not a British citizen and therefore I do not have a permanent rights of residence in the UK. However, I am not a visa national either and I do not need a visa to enter the UK, so I can live in the UK for as long as I choose to.
Let, me tell you where the misconceptions are:
There are actually 5 types of residence that EEA nationals and their family members may have in the UK.
The first one is called an
Rights of Residence of EEA Nationals and Their Family Members
Initial Right of Residence.
This is where the confusions actually begins. All EEA nationals and their family members can reside in the UK for a period not exceeding 3 months. This period begins on the date of admission to the United Kingdom. Because of this right all EU nationals can travel to the UK freely.
It gets more complicated when it comes to the 2nd right of residence. By law, only those EEA nationals, who became qualified persons can remain in the UK beyond this 3-month’s period of time. These EEA nationals and their family members acquire an
Extended Right of Residence.
Who is a Qualified Person?
Well I’ve created a series of detailed videos and blog posts explaining this term. However, in very simple terms, only those EEA nationals who are working, are self-employed, self-sufficient, students or jobseekers for less than 91 days can become qualified persons. Their family members get the same rights of residence as EEA nationals. This is provided the EEA national remains a qualified person.
If an EEA national did not become a qualified person after his/her 3 months of residence in the UK, technically, he has not acquired an extended right of residence. In this case neither he nor any of his family members can remain in the UK.
Then we have a
Retained Right of Residence
for Family Members or Former Family members of EEA nationals.
This is quite a complex one. So what I did, I’ve created a series of videos explaining all types of situations where former members can claim that they have retained their rights of residence.
The next one is called a
Rights of Residence of EEA Nationals and Their Family Members
Derivative Right of Residence.
This right is also given to Family Members of EEA nationals. As with previous rights, I’ve created a series of blog posts and videos explaining various types of family members who can enjoy this rights. However, in very simple terms, as the name suggests, your right has been derived from someone else’s rights to remain in the UK. Usually this situation is relevant where we have a visa national parent and the EEA national’s child. Or, in certain cases, it can be even a British citizen.
The last right is a
Permanent Right to Reside.
EEA nationals and their family members will this right when they meet certain conditions. A lot of people misunderstand this rights as well. The majority think that only those EEA nationals who have been working for the past 5 years can claim Permanent Residence. There are actually 6 Permanent Residence categories. In certain circumstances you can live in the UK for a short period of time but still be entitled in the UK. Check my blog posts for a very detailed clarification of this right.