EEA & Swiss nationals (INF 18)

Guidance - EEA & Swiss nationals (INF 18)
Last updated 14 July 2008

This guidance explains how European Economic Area (EEA) and Swiss nationals, and members of their family, can enter, live and work in the UK. It is only a guide but it aims to answer some common questions.

Although the UK is also a member of the EEA, the information in this guidance does not, in general, relate to British citizens and members of their family.

Am I a national of the EEA?
The following countries are members of the European Economic Area (EEA).

Austria Greece Netherlands
Belgium Hungary (see note 2 below) Norway
Bulgaria (see note 1 below) Iceland Poland (see note 2 below)
Cyprus Ireland Portugal
Czech Republic (see note 2 below) Italy Romania (see note 1below)
Denmark Latvia (see note 2 below) Slovakia (see note 2 below)
Estonia (see note 2 below) Liechtenstein Slovenia (see note 2 below)
Finland Lithuania (see note 2 below) Spain
France Luxembourg Sweden
Germany Malta United Kingdom


Note 1 : From 1 January 2007 Bulgarian and Romanian nationals looking for work in the UK will need permission to work before starting any job. Information about living and working in the UK is available from the UK Border Agency - Working in the UK website.

Note 2 : Nationals of these countries who come to the UK to work need to register under the Worker Registration Scheme.
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What rights do I have as a Swiss national?
You and your family members have the same rights as EEA nationals and their family members. The information in this guidance also applies to Swiss nationals and their family members.
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Do I have a right to live and work in the UK?
European Community law gives EEA nationals a right to live and work in the UK. This is called a right of residence.

You have an initial right of residence in the UK for three months if you are an EEA national. You would lose this right of residence if you or your family members became an unreasonable burden on the social assistance system of the UK.

If you are an EEA national and you want to live in the UK for more than three months, you must be a 'qualified person'. A qualified person means an EEA national who is in the UK as:

  • a jobseeker
  • a worker
  • a self-employed person
  • a self-sufficient person (someone who can support themselves financially), or
  • a student.

You do not need a work permit to work in the UK but you may need to register as a worker under the Worker Registration Scheme (see below).
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Can I work in the UK if I am studying?
Yes. You can work in the UK during or after finishing your studies, although you may need to register as a worker under the Worker Registration Scheme (see below).
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What is the Worker Registration Scheme?
You must register under the Worker Registration Scheme if you are working in the UK and you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, or Slovenia. You will need to register if you plan to work for more than one month for an employer in the UK.

Once you have been working legally in the UK for 12 months without a break, you will have full rights of free movement. You can then apply for a registration certificate to confirm your status.

You can find more information about the Worker Registration Scheme on the UK Border Agency - Working in the UK website.
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Do I need a visa to enter the UK?
No. As an EEA national you do not need a visa to enter the UK.
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Do I need to show my passport or national identity card when I enter the UK?
Yes. When you arrive at major UK ports and airports you should use the separate channel market 'EEA/EU' where it is available. Immigration Officers will check your passport or national identity card to make sure that it is valid and that it belongs to you.
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Do I need to apply for a registration certificate or register with the police?
No. If you have the right to live in the UK, you can stay here for as long as you want without getting a registration certificate, or registering with the police.

You can apply to the UK Border Agency for a registration certificate. A registration certificate simply confirms that you have the right to live in the UK under European Community law.
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How long are registration certificates valid for?
Registration certificates have no expiry date.

We will not normally give you a registration certificate if you:

  • are in the UK for a short visit
  • are looking for work
  • will work and live in the UK for less than three months
  • do not work in the UK and you cannot support yourself without help from public funds, or
  • have been registered on the Worker Registration Scheme for less than 12 months.

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Family members of EEA nationals
If your family members are EEA nationals they will have the same rights as you to live and work in the UK. The information in this section applies to those of your family members who are not EEA nationals (non-EEA family members).
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Can my family members join me in the UK?
Yes. If you have the right to live in the UK your family members can join you.

Under European Community law, your family members include the following:

  • Your husband, wife or civil partner.
  • Your children or the children of your husband, wife or civil partner (including adopted children). Children over 21 must be dependent on you or your husband, wife or civil partner.
  • Your parents and grandparents or the parents and grandparents of your husband, wife or civil partner. Parents and grandparents must be dependent on you or your husband, wife or civil partner.

Your extended family members, such as brothers, sisters and cousins, do not have an automatic right to live with you in the UK. However, we will consider applications for your other relatives to join you if you are a qualified person in the UK and:

  • they are dependent on you, or
  • they were a member of your household in an EEA member state, or
  • they meet the requirements of the Immigration Rules for other dependent family members (see our Family members (INF 6) guidance.

Unmarried partners are also considered as extended family members. We will consider applications for unmarried partners to join you if you are a qualified person in the UK and they meet the requirements of the Immigration Rules for unmarried partners (see our Husbands, wives and partners guidance).
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How can my family come to live with me in the UK?
Non - EEA family members should get an EEA family permit before they travel to the UK if they are visa nationals, or if they are coming to live with you permanently or on a long-term basis. If they try to enter the UK for this purpose without an EEA family permit, we may refuse them.
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What is an EEA family permit?
An EEA family permit is a form of entry clearance that we give free of charge so that members of your family who are not EEA nationals can travel with you or join you in the UK.
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Do my family members need an EEA family permit if they are coming to visit me in the UK?
Your family members should get an EEA family permit if they would normally need a visa to travel to the UK or if they are coming to live with you in the UK permanently.
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I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?
Although the UK is also a member of the EEA, the information in this guidance does not, in general, relate to British citizens and their family members.

If a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions:

  • The British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK.
  • If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.
  • The family member is lawfully resident in the EEA country where the British citizen is working.

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How do my family members apply for an EEA family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying for an EEA family permit from within the EEA, they will need to show that they are lawfully resident in an EEA member state.

If they are applying for an EEA family permit from outside the EEA (and are not lawfully resident in an EEA member state), they will also need to meet the requirements in the Immigration Rules for leave to enter the UK as if they were applying as your spouse, civil partner, unmarried or same-sex partner, child or other dependent relative and you were present and settled in the UK.

They can apply in a number of ways, for example by post, by courier, in person and online. The visa section of your nearest British mission overseas will tell them about the ways in which they can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk.

If they cannot apply online, each non-EEA family member over 16 will need to fill in a visa application form VAF 5 – EEA Family Permit. They can download the form from this website, or get one free of charge from their nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide unbiased, face-to-face advice on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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What will my non-EEA family members need to make an application?
They will need to make their application online or fill in the following visa application form: 

  Application form VAF5 - EEA Family Permit
   EEA Family Permit form guidance notes

They will also need the following:

  • Their passport or travel document.
  • A recent passport-sized (45mm x 35mm), colour photograph of themselves. This should be:
    • taken against a light-coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless they wear this for cultural or religious reasons (but the face must not be covered).
  • Supporting documents relevant to their application.

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What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).
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What supporting documents should my family members include with their application?
They should include all the documents they can to show that they qualify for an EEA family permit. If they do not, we may refuse their application.

As a guide they should include:

  • Proof of their legal residence in an EEA State (see * below), for example a residence card, a valid Schengen visa
  • A copy of your EEA national passport (endorsed by your embassy in the country of application)
  • Proof of their relationship to you (for example, their birth certificates or marriage certificate).

If they are not your spouse, civil partner or child under 21, they must provide proof that they are dependent on you or live as part of your household in an EEA state.

If they are applying as your unmarried partner, they should provide proof that they have been living with you in a relationship akin to marriage for over two years. It is unlikely that we would consider a shorter relationship as 'durable', in accordance with the EEA Regulations.

  • A letter from you declaring that you are travelling with them or that they are joining you in the UK.
  • If you have lived in the UK for more than three months they must provide proof that you are a 'qualified person'. This could include:
    • Worker: your contract of employment, wage slips, letter from your employer.
    • Self-employed person: evidence of your National Insurance contributions, Construction Industry Scheme card (if applicable), lease on business premises, contracts, invoices, audited accounts, bank statements.
    • Student: school/college/university letter confirming your enrolment and completion date of the course, bank statement or evidence of a grant or scholarship.
    • Self-sufficient person: evidence that you have sufficient funds to maintain yourself and your family members for the period of your residence in the UK.
  • If you are a British citizen, they must provide proof that you are working or you are self-employed in another EEA State or were doing so before returning to the UK. In the case of a spouse or civil partner, they must provide proof that they are living with you in the EEA state or were living with you as a spouse or civil partner before you returned to the UK.

* If your family members are not already legally resident in an EEA State, they must also provide proof that they meet the requirements of the Immigration Rules for leave to enter the UK as if they were applying as your spouse, civil partner, unmarried or same-sex partner, child or other dependent relative and you were present and settled in the UK.

Information about how your family members can satisfy these requirements is available in the relevant application guidance published in this section of our website.

We will refuse their application if we find that any documents are false.
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What will happen when they make an application?
The Entry Clearance Officer will try to make a decision using the application form and supporting documents that your family member has provided. If this is not possible, they will need to interview your family member.

Please make sure they check their EEA family permit when they get it. They should make sure that:

  • their personal details are correct
  • it correctly states the purpose for which they want to come to the UK, and
  • it is valid for the date on which they want to travel to the UK. (They can ask for it to be post-dated for up to three months if they do not plan to travel immediately).

If you or they think that there is anything wrong with their EEA family permit, you or they should contact the visa section immediately.
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Do I have to be present when my family members apply for an EEA family permit?
No. As long as your family member has all of the relevant documents, they can apply without you needing to be present.
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Can you refuse to give my family members an EEA family permit?
Yes. We will refuse to give your family member an EEA family permit if:

  • your family member is not intending to accompany you or join you in the UK
  • you do not have a right of residence in the UK, or
  • you are involved in a marriage or civil partnership of convenience.

A marriage of convenience is one that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.

If your family member is not lawfully resident in an EEA member state (including family members applying from non-EEA countries), we will refuse them an EEA family permit if they cannot also satisfy the requirements in the Immigration Rules for leave to enter the UK as if they were applying as your spouse, civil partner, unmarried or same-sex partner, child or other dependent relative and you were present and settled in the UK.
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How much does it cost to apply for an EEA family permit?
It is free of charge.
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Can my family members work in the UK?
A family member of an EEA national who intends to travel with them or join them in the UK can work without a work permit. The EEA national must be a 'qualified person' in the UK.
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Do my family members need to register with the police?
Family members do not need to register with the police.
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Do my family members need a residence card?
Your non-EEA family members can, if they want to, apply to the UK Border Agency for a residence card once they are in the UK. They do not have to do this - it simply confirms that they have the right to live with you in the UK because you have a right of residence.

Non-EEA family members who have a valid residence card do not need to get an EEA family permit each time they enter the UK after travelling abroad.
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Can my family members lose their right to stay in the UK?
If you lose your right of residence in the UK or leave the UK permanently, your family members would also lose their right of residence.

Your husband, wife or civil partner may also lose the right to stay in the UK if you are divorced or you have legally ended (dissolved) your civil partnership.
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What are public funds?
Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits. A full list of public funds is available on the UK Border Agency website.

You are not allowed to enter the UK or stay as a visitor in the UK to receive medical treatment on the National Health Service (NHS). Information on how you can enter the UK to have private medical treatment is in our Visitors (INF 2) guidance.

You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
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More advice and information

The UK Border Agency
For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.bia.homeoffice.gov.uk

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Immigration Advisory Service (IAS)
The Immigration Advisory Service is the UK's largest charity providing advice and representation in asylum, immigration and nationality law. It has offices right across the UK and abroad. It provides a free service to those who are eligible. It may also be able to help those who are not eligible. The IAS is a non-profit service.

Immigration Advisory Service
3rd Floor, County House
190 Great Dover Street
London SE1 4YB
Phone: (+44) (0)20 7967 1200
Phone: (+44) (0)20 8814 1559 (duty office open 24 hours a day)
Fax: (+44) (0)20 7403 5875
Email:advice@iasuk.org
Website: www.iasuk.org

Revenue and Customs
For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact us:

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Further information

 

The official British Government website for visa services

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