EEA and Swiss students

• Am I an EEA national?
• Do I need to register to stay in the UK?
• Can I bring my family to the UK?
• How do my non-EEA national family members come to the UK?
• Where can I find out more about being an EEA or Swiss national in the UK?
• I want to challenge the UK Government's interpretation of EC law

Am I an EEA national?

You are a European Economic Area (EEA) national if you are a citizen or national of one of the following countries. If you have permanent residence in, but not citizenship of, any of these countries, you are not an EEA national.

Austria, Belgium, Bulgaria, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Iceland, Liechtenstein and Norway are EEA member states, but they are not members of the European Union (EU).

Switzerland is not a member of the EU or the EEA. However since 1 June 2002, Swiss nationals have had rights which are similar to those of nationals of EEA countries. The information in this area of the website applies to both EEA and Swiss nationals.

Do I need to register to stay in the UK?

You are entitled to enter the UK freely and have an automatic right of residence for up to three months without needing to demonstrate that you are exercising a right of free movement, for example, to study or work. Once you have been accepted on a course of study, you have the right of residence in the UK for as long as your course lasts.

You do not have to register or apply for any particular documents in order to stay in the UK. However, you can choose to apply for a registration certificate which confirms that you have a right of residence as a student. You might want to apply for a registration certificate if you have family members who are not themselves EEA or Swiss nationals, as this can make it easier for your family to apply for an EEA family permit or residence card. If you are a Bulgarian or Romanian national, you might have to apply for a registration certificate if you want to work in the UK.

If you are a Bulgarian or Romanian national, you can apply for a student registration certificate on form BR1. If you are not a Bulgarian or Romanian national, apply on form EEA1. You will need to enclose the following with your application:

• your passport or national identity card
• evidence of your studies, for example, a current letter from your institution confirming your enrolment on a course and the completion date of the course. You must be studying, either part-time or full-time, at an institution on the Register of Education and Training Providers
• evidence that you can support yourself financially. The forms say you must provide a bank statement or evidence of a grant or scholarship, but European Community law requires only that you provide a written signed statement confirming that you can support yourself. In practice your application will be processed more quickly if you provide the documents requested on the form
• two passport photographs of yourself.

Registration certificates can be issued immediately if you apply in person at the Home Office's Public Enquiry Office in Croydon. You must make an appointment in advance. Alternatively, you can apply by post. You can check how long applications are taking on the Home Office website. You can ask the Home Office to return your passport if you need to travel, but make sure that you allow plenty of time (at least two weeks) for the passport to be located and sent back to you before your trip.

Can I bring my family to the UK?

If your family members are also EEA or Swiss nationals, they can come to the UK in the same way as you, without restriction.

If your family members are not EEA or Swiss nationals, and you are coming to, or you are in, the UK as student, the following family members can come with you, or join you:

• your husband or wife
• your civil partner - this is a same-sex partner with whom you have a legally recognised relationship (find out more about civil partnerships)
• children who are dependent on you or on your spouse or civil partner.

If you want to bring other family members, for example, a co-habitee or parents, it is at the discretion of the UK Government. If you want your co-habitee to be with you, you need to show that you have been in a relationship 'akin to marriage' for at least two years. European Community (EC) law says that you just need to be in a 'durable relationship', without any minimum length - if you need to challenge the UK interpretation of 'durable relationship', seek legal advice. If you want to bring parents or other relatives, you need to show that they were members or your household or dependent on you in your home country, or that they are seriously ill and require your personal care.

If you are not in the UK as a student but as, for example, a worker, you can bring a wider range of family members with you under EC law, including grandchildren who are under 21 or dependent on you, and parents and grandparents who are dependent on you. Find out more about how the UK Government views the rights of non-EEA family members in Chapter 2 of its European Casework Instructions.

How do my non-EEA national family members come to the UK?

If your family members are living legally in another EEA member state or in Switzerland, they can apply for an EEA family permit online or using form VAF5. This application is free of charge. There are guidance notes for form VAF5. If your family members are not visa nationals and they are coming to stay with you for under six months, they do not need to get an EEA family permit before travelling, and can just apply when they arrive in the UK. They will need evidence of their relationship to you.

If your family members are not living in another EEA member state or Switzerland, or if they are living there without permission, the UK Government expects them to meet the requirements of UK immigration law, rather than European Community law. This means it is usually more difficult for them to come to the UK. For example, your children must be under 18 and you must be able to show that you can support your spouse or civil partner and children without needing to claim welfare benefits. Find out more about applying to come to the UK.

Where can I find out more about being an EEA or Swiss national in the UK?

On the UK Border Agency website, you can find general information, application forms and instructions for immmigration caseworkers.

There is more detailed guidance for employers and employees about the Worker Registration Scheme for nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia, and the Worker Authorisation Scheme for Bulgarian and Romanian nationals.

If you want information about bringing your family to the UK, go to the UKBA visa services website for general information, application forms and guidance for entry clearance officers.

I want to challenge the UK Government's interpretation of EC law

If you think the UK Government has not interpreted or implemented European Community law correctly, for example, in relation to bringing non-EEA family members to the UK, acquiring the right of permanent residence, or your eligibility for home fees and Student Support, you can seek advice from the following:

• SOLVIT - the European Commission coordinates this network of Solvit centres (there is one in every EEA member state) which aim to resolve problems in a wide range of areas covered by EC law without having to take legal proceedings. You can submit a case to SOLVIT online free of charge. If you are complaining about the UK Government's application of EC law, you should apply to the UK office
• Solicitors who specialise in EC law - select EU law as the area of law and enter your postcode or town name or the country of the UK where you live or study, that is England, Wales, Scotland or Northern Ireland
• Aire Centre - this centre specialises in EC law and can provide advice free of charge, but only to other advisers. If you have advisers at your college or university, they might agree to contact the Aire Centre for you if they feel it is appropriate.

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