- Immigration (EEA) Regulations 2006 (as PDF or as HTML) (UK implementation of Directive 2004/38/EC)
- Minor amendments to the regulations made in 2009
- Immigration (European Economic Area) (Amendment) Regulations 2011 amends self sufficiency requirements, and finally removes the requirement for prior EEA residence for family members which was soundly rejected in the ECJ Metock decision.
- The Immigration (European Economic Area) (Amendment) Regulations 2012 amend the Regulations again to include reference to various ECJ case law, but does not yet deal with Zambrano. More analysis here.
- A separate transposition exists for Gibraltar: the Immigration Control (Amendment) Act 2008.
How well has the Directive been implemented?
- Compliance Study (Directive 2004/38/EC): United Kingdom (PDF file from 2008)
- Table of correspondence for Directive 2004/38/EC: UK (PDF file from 2008)
UKBA Government information on EU/EEA free movement
- UKBA: Guidance for EEA & Swiss nationals and their families (INF 18) This is presented as a series of questions and answers about EEA Family Permit (a form a visa), Residence Cards for family members of EEA citizens, and working and living in the UK
- UKBA: Information for European citizens and members of their family
UKBA Government internal procedures manuals and rules
- UK Visas – European Nationals & Schemes (EUN) Rules for use in an British embassy visa section for handing requests by family of EEA citizens to reside in the UK. These are the procedures for OUTSIDE the UK.
- UK Border Agency – European Casework Instructions Procedures for processing Residence Cards and entry requests for EU citizens and their families. These are the procedures for INSIDE the UK
- UKBA’s Immigration Directorates’ Instructions – (Chapter 7) Section 3 – EEA nationals & their family members – covers everything from Landing Cards for family members of EU citizens (“unduly onerous”), to right of entry, to “public policy” exclusions, to right of entry for EU citizens and their non-Eu family.
- UKBA’s Border Force Operations Manual: EEA Nationals And Dependents and Refusal Of EEA Nationals (source) These procedures manuals deal with the arrival of EEA nationals and their family members. They cover the case of family members who arrive at the border but do not have a UK issued EEA visa. An accessible extract is part of the article Travel Without a Visa
- Special information for citizens of Romania and Bulgaria
- Note: These manuals, issued by the British Government, serve as working instructions for their employees. They are not the law; the interpretations they include tend to be worded in a restrictive way, and are often incomplete.
Useful information for EU citizens and their families
- If you have a problem with how UKBA handled your application, they have a UKBA complaints process! Very few people complain and so UKBA often does not hear about the things that are wrong and has no chance or motivation to fix them. Please complain if there is a problem! (For more background on how they handle complaints, see UKBA’s Complaints Management Guidance)
- You can request priority treatment for your Residence Card application when you need it urgently in order to accept a job offer, or to travel for business or for compassionate reasons, or because UKBA significantly inconvenienced you by mishandling your application. (They also describe giving priority to straight forward applications which have been outstanding for more than 3 months, when supporting documents such as passports are requested back) You should write a letter explicitly requesting priority treatment, and including evidence of the job offer or travel. See UKBA’s ECIS Chapter 10 (annotated version) or original
- You can request compensation from UKBA if applications are not processed in a timely manner (for visas “as soon as possible and on the basis of an accelerated process” and for Residence Cards “a maximum of 6 months from the date of application“) as required by European law, or if they loose documents or passports. You can read their complete compensation policy (“Section 11 Compensation guidance” starts on page 42 of the PDF), but the key thing is to keep records and receipts for all your related expenses. Note that if you have been prevented from working because of UKBA’s actions, it may also be reasonable to claim your lost salary.
- You can get a copy of your complete UKBA file by doing a Subject Access Request (SAR). This can be done by any EEA citizen and can also be done by non-EEA family members.
- A UK issued Residence Card for an family member of an EU citizen looks like It is either added to a passport, or attached to an A4-sized UK “Immigration Status Document”
- Applicants for PR require evidence that the EEA spouse was working (or otherwise exercising treaty rights), which can be a problem where the relationship has ended in a messy divorce. Show your immigration solicitor the posts Shared burden in European cases and followup.
Useful NGOs (non governmental organizations)
- Aire Centre – support for lawyers and advisors. Has some very decent information about European Free Movement law.
- The Immigration Advisory Service has a material on UK law
- Law Centre of Northern Ireland has a variety of well written material in a number of world languages. See Your Rights in Northern Ireland: A Guide for Migrant Workers. Note that all this material applies also to the rest of the UK
- The Liberty guide for Your rights: European Union Nationals. They have great information in this section!
- Housing rights and benefits in the UK for EEA citizens on the Housing Rights website
Good forums for asking questions about UK and EU free movement law