Immigration (European Economic Area) Order 1994
| Jurisdiction | UK Non-devolved |
1994 No. 1895
IMMIGRATION
The Immigration (European Economic Area) Order 1994
Made 19th July 1994
Coming into force 20th July 1994
At the Court at Buckingham Palace, the 19th day of July 1994
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Title and commencement
1. This Order may be cited as the Immigration (European Economic Area) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2.—(1) In this Order—
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
“EEA national” means a national of a State which is a Contracting Party to the European Economic Area Agreement other than the United Kingdom, but until the EEA Agreement comes into force in relation to Liechtenstein does not include a national of the State of Liechtenstein;
“EEA family permit” means an entry clearance issued, free of charge, to a family member who wishes to instal himself in the United Kingdom with a qualified person;
“economic activity” means activity as a worker, self-employed person or provider or recipient of services;
“family member” in relation to an EEA national means—
(a) that national’s spouse;
(b) a descendant of that national or his spouse who is under 21 years of age or is their dependant; and
(c) a dependent relative in the ascending line of the EEA national or his spouse;
“EEA State” means a State which is a Contracting Party to the European Economic Area Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“military service” means service in the armed forces of an EEA State;
“residence permit” and “residence document” means a permit or document issued by the Secretary of State as proof of the holder’s right of residence in the United Kingdom;
“the 1971 Act” means the Immigration Act 19712;
“visa national” means a national or citizen of one of the countries or territorial entities for the time being specified in the rules made under section 3 of the 1971 Act about visa requirements for the United Kingdom.
(2) In paragraph (1) “spouse” does not include a party to a marriage of convenience.
(3) In this Order unless the context otherwise requires a reference to an article or Schedule is a reference to an article of, or Schedule to, this Order; and within an article a reference to a paragraph is to a paragraph of that article.
Right of admission to United Kingdom of EEA nationals and family members
3.—(1) Subject to article 15(1), an EEA national shall be admitted to the United Kingdom if he produces, on arrival, a valid national identity card or passport issued by another EEA State.
(2) Subject to article 15(1) and paragraph (3), a family member of an EEA national shall be admitted to the United Kingdom if he produces, on arrival, a valid national identity card issued by an EEA State or a valid passport and, if required, proof that he is such a family member.
(3) A family member who is not an EEA national must also hold, if he is a visa national or a person who seeks to be admitted to instal himself with an EEA national, an EEA family permit.
Right of Residence
4.—(1) A qualified person shall be entitled to reside in the United Kingdom, without the requirement for leave to remain under the 1971 Act, for as long as he remains a qualified person.
(2) A family member of a qualified person shall be entitled to reside in the United Kingdom, without the requirement for such leave, for as long as he remains the family member of a qualified person.
(3) A qualified person and the family member of such a person may reside and pursue economic activity in the United Kingdom notwithstanding that his application for a residence permit or residence document (as the case may be) has not been determined by the Secretary of State.
Grant of Residence Permits
5.—(1) Subject to articles 10 and 16(1), the Secretary of State shall grant a residence permit to a qualified person on application and production of—
(a)
(a) a valid identity card or passport issued by an EEA State; and
(b)
(b) proof that he is a qualified person.
(2) Subject to article 16(1), the Secretary of State shall grant a residence permit or residence document to a family member of a qualified person on application and production of—
(a)
(a) a valid identity card issued by an EEA State or a valid passport;
(b)
(b) in the case of a family member who is not an EEA national and who required an EEA family permit for admission to the United Kingdom, such a permit; and
(c)
(c) in the case of a person not falling within paragraph (b), proof that he is a family member of a qualified person.
(3) In the case of a worker the proof referred to in paragraph (1) may only be confirmation of the worker’s engagement from his employer or a certificate of employment.
Qualified Person
6.—(1) In this Order “qualified person” means an EEA national who undertakes in the United Kingdom the activities of—
(a)
(a) a worker;
(b)
(b) a self-employed person;
(c)
(c) a provider of services;
(d)
(d) a recipient of services;
(e)
(e) a self-employed person who has ceased economic activity in the United Kingdom;
(f)
(f) a self-sufficient person;
(g)
(g) a retired person; or
(h)
(h) a student.
(2) For the purposes of paragraph (1)—
(a)
(a) “a worker” means a worker within the meaning of Article 48 of the EC Treaty;
(b)
(b) “a self-employed person” includes a person who seeks to pursue activity as a self-employed person;
(c)
(c) “a provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 60 of the EC Treaty;
(d)
(d) “a recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 60 of the EEC Treaty;
(e)
(e) “a self-employed person who has ceased economic activity in the United Kingdom” means—
(i) a person who—
(aa) on terminating his economic activity in a self-employed capacity has reached the age at which he is entitled to a state pension,
(bb) has pursued an activity in a self-employed capacity in the United Kingdom for at least twelve months prior to the termination of that activity, and
(cc) has resided in the United Kingdom for more than three years; or
(ii) a person who—
(aa) has resided in the United Kingdom for more than two years, and
(bb) has terminated his activity in a self-employed capacity as a result of a permanent incapacity to work; or
(iii) a person who—
(aa) has been continuously resident and continuously active in a self-employed capacity in the United Kingdom for three years, and
(bb) is active in a self-employed capacity in the territory of another EEA State but who resides in the United Kingdom and returns to his residence at least once a week;
(f)
(f) “a self sufficient person” means a person who—
(i) does not enjoy a right of residence under any provision of Community law other than Council Directive 90/364 EEC,
(ii) has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and
(iii) is covered by sickness insurance in respect of all risks in the United Kingdom;
(g)
(g) “a retired person” means a person who—
(i) has pursued an activity as an employed or self-employed person, and
(ii) is in receipt of—
(aa) an invalidity or early retirement pension,
(bb) old age benefits,
(cc) survivor’s benefits, or
(dd) a pension in respect of an industrial accident or disease,
which is sufficient to avoid his becoming a burden on the social security system of the United Kingdom, and
(iii) is covered by sickness insurance in respect of all risks in the United Kingdom;
(h)
(h) “a student” means a person who—
(i) is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course,
(ii) has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and
(iii) is covered by sickness insurance in respect of all risks in the United Kingdom.
(3) For the purposes of paragraph 2(e)—
(a)
(a) periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service shall not be taken into account; and
(b)
(b) periods of inactivity caused by circumstances outside the control of the self-employed person and periods of inactivity caused by illness or accident shall be treated as periods of activity in a self-employed capacity.
(4) For the purposes of paragraphs 2(f) and (g), resources or income shall be regarded as sufficient if they exceed the level in respect of which the recipient...
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