Rights of Free Movement

Nationals of the Member States of the EU and of the EEA enjoy the right of free movement under EU law, and are only subject to limited immigration control. The right of free movement is primarily governed by the EC Treaty, regulations and directives adopted under it, and the European Economic Area Agreement.

Although immigration authorities are entitled to continue to check the passports or identity cards of those seeking to enter in order to ascertain identity and nationality, they are not entitled to ask any further questions about intention, availability of funds, sponsors or the like. The rights of residence of nationals of a Member State are dependent upon their qualification within one of the following categories:

• Workers: These include part-time workers and work-seekers, though the latter may be required to leave a Member State if they have not found employment and have no prospect of doing so within a certain period, usually six months.
  
• The self-employed: Those seeking to provide services in a Member State or those who travel to a Member State in order to receive services. The latter category includes tourists and ‘window-shoppers’. The right of residence is, however, tied in its duration to the time required to provide or seek the services in question.
  
• Students: As long as they provide assurance, in the form of a declaration or otherwise, that they have sufficient funds not to become reliant on state benefits. In the case of students only spouses and children of a student also enjoy a (derived) right of entry and/or residence.
  
• Retired persons: Those who have retired after working and/or living in the UK for more than three years, or who have to stop work after more than two years in the UK due to permanent incapacity, or who, irrespective of length of residence or work in the UK, have to retire because of an accident at work or an occupational disease are entitled to remain permanently, as are their dependants. Those who seek to retire to the UK , not having worked here, enjoy a right of residence only so long as they can demonstrate that they have health insurance and sufficient funds not to have to rely on benefits.
  
• All others: As long as they can show that they have sufficient funds not to become dependent on benefits and that they have health insurance.