Qualified persons

For most of our purposes, the rights of residence of nationals of a Member State are dependent upon their inclusion in a category of “qualifying person”. These individuals enjoy a right of residence with no requirement of leave to remain. The various categories are set out by the Immigration (European Economic Area) Regulations 2006 at reg 6, although the definitions for the terms used are contained at reg 4, 5 and 6:

• Jobseekers. See reg 6(4)
  
• Workers. See reg 4(1)(a) and r.6(2)
  
• Self employed persons. See reg 4(1)(b) and 6(3)
  
• Self sufficient persons. See reg 4(1)(c)
  
• Students. See reg 4(1)(d)
  
• In addition, UK nationals can be qualified persons for the purpose of freedom of movement law that might benefit their family members: reg 9
  

Initial right of residence

EEA citizens now enjoy a three month initial right of residence in other Member States, effectively as a short term qualified person. During this time they can also bring their family members with them. See reg 13.