Citizens’ Directive’ or commonly known as ‘Free Movement Directive’), allows EEA nationals and their qualifying family members to lawfully enter and live in the UK for three months in an EU member state even if EEA National is not exercising treaty rights.
It is advisable for EEA nationals and their family members to make an application for a residence, permanent residence card or certificate confirming the right to reside in the UK. There is a small Home Office processing fee of £65.
The same directive entitled EEA nationals and their family members to live in an EU member state for more than three months providing the EEA national is exercising Treaty rights. In brief, it means that they must be:
- Working
- Self-employed
- Self-sufficient and possessing comprehensive sickness insurance
- Studying and possessing comprehensive sickness insurance
As mentioned above those who are studying or are self-sufficient do, in addition, require comprehensive health and sickness insurance.
If an application for a permanent residence is made where the applicant was a student or self-sufficient person for part or entirety of the five years qualifying period they must hold comprehensive sickness insurance for the whole of that period when they were a student or self-sufficient person.
For example, an EEA national intends to apply for a permanent residence document in June 2018 and will rely on the period from June 2013 – June 2018. They were a student from June 2013 – July 2014 and then worked continuously. They will need to demonstrate that they satisfied the comprehensive sickness insurance requirement from June 2013 – July 2014.
Please note that the continuous five years period does not have to be immediate to the date of application. Permanent residence application can still be made where the qualified person exercised treaty rights for 5 years continuous period but for any reason seized to be a qualified person at a later date.
