EEA nationals are free to enter the UK subject to a passport or identity card check. However, where an EEA national is the subject of an extant deportation order, the EEA national must still apply for revocation of the order if they wish to return to the UK. If the deportation order is revoked the EEA national may lawfully re-enter the UK.
A deportation order may be invalid if the subject has become the family member of an EEA national exercising Treaty rights in the UK. Where there is a reason to believe that this is the case, the case should be referred to the relevant casework unit who will liaise with European Casework.
EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person.
A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:
- Jobseeker – The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of job interviews, evidence of qualifications, registration with Job Centre/recruitment agencies.
In most circumstances, Home Office would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.
- Worker – The EEA national must be able to show evidence that they are in full-time or part-time employment, for example, copy of a contract, pay slips.
If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:
- They are temporarily unable to work as the result of an illness or accident;
- They are involuntarily unemployed, having been employed in the UK, are registered as a jobseeker with the relevant employment office, and either:* were employed for one year or more before becoming unemployed;
- have been unemployed for no more than six months; or
- can provide evidence that they are seeking employment in the UK and have a genuine chance of being engaged.
- They are involuntarily unemployed and have started vocational training; or
- They have voluntarily stopped working and started on vocational training related to their previous employment.
- Self-employed person – The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person, for example, a copy of business accounts or an accountant’s letter.
- Self-sufficient person – The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as ‘sufficient resources’. The personal situation of each applicant must be taken into account.
A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/or have sufficient funds not to become a burden on the social assistance system.
An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.
- Student – The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers, for example, a letter from a college or university confirming that the EEA national is enrolled on a course and stating its duration.
