If you are an EEA national exercising your treaty rights you may request confirmation of this in the form of a registration certificate.
In order to be eligible for the registration certificate, the immigration rules states that such an individual must have been excercising thier treaty rights in the UK.
The exercising of treaty rights is broken down in the European Regulations 2006 into five categories:
(1) Job seekers – Under regulation 6(4) of the Immigration (EEA) Regulations 2006, you must show that you are actively seeking employment and have a realistic chance of securing the same. If you fit into the following criteria, you may also qualify to register under the scheme as a job seeker;
– registered as a job seeker and were employed for at least a year 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.
(2) Worker– If you are employed you are entitled to exercise free movement rights in the UK as a qualified person. You must be employed on a full or part time basis, through the direction of your employer. You must be able to support yourself without recourse to public funds.
If you temporarily lose your employment, you may still be regarded as a worker under regulation 6(2) if;
– temporary because of illness or an accidence;
– involuntary unemployment and have started vocational training;
– have voluntarily stopped working and started vocational training related to your previous employment.
(3) Self-employed person – You must be registered for income tax and national insurance contributions as a self-employed with HM Revenue & Customs (HMRC). You will be expected to prove your self-employed status by way of documentary evidence for example; self-assessment forms submitted to HMRC, invoices to confirm the work/business undertaken, business accounts, an accountant’s letter and bank statements.
Regulation 6(3) of the European Regulations 2006, confirms that if a self-employed EEA national is temporarily unable to work because of illness or an accident, they may still be classed as self-employed.
(4) Self-sufficient person – You may be regarded as self-sufficient if you have:
– Sufficient funds to provide for your living expenses without needing to claim benefits in the UK, and
– Have comprehensive sickness insurance in the UK for yourself and any family members.
– If you are retired you may qualify as self-sufficient if you have investments and a pension to cover your living expenses in the UK.
– Charity work may fall into the self-sufficient category, if you have enough funds to support yourself, or the charity is meeting your living costs.
(5) Student – As a student you may be eligible for a registration certificate. You must be enrolled with a registered sponsor recognised as a training provider for a course that has started, have sufficient funds to meet your living expenses, which can be evidence by way of bank statements and have compressive sickness insurance.
If you need assistance with applying for your EEA Registration Certificate, contact one of our London based lawyers for a free initial assessment on 02037442797 or drop us an email on firstname.lastname@example.org. We will avail to you information on what your options are and once you understand your options, we will offer you a tailor-made service for the process.