EEA Regulations (UK)

The Immigration (European Economic Area) Regulations 2006 (or EEA Regulations for short) amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 constitute the law that implements the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement they are treated basically the same as EEA nationals. Family members may need a special entry clearance (the EEA family permit) to enter the UK.

The basis of the Immigration EEA Regulations 2006 is Directive 2004/38/EC. Member states are bound by the EC treaties to implement Directives into national law. However, a significant amount of case law (or precedents), many of them predating the directive, and the historical development (see Freedom of movement for workers) must also be taken into account to correctly interpret EU law. Still, ambiguities in the Directive and misinterpretation by the member states exist which may require further clarification through national courts and the European Court of Justice.

The EEA Regulations define a number of terms in addition to the terms in the Directive 2004/38.

The definition of Core family member (of an EEA national) only includes a spouse or civil partner, children under 21, or dependant children of any age and dependent parents. A person outside of this definition (especially unmarried partners) may fall under the category extended family member. These include dependents of the EU citizens, members of the household, and a partner in a "durable relationship". While the Directive 2004/38 requires member states to "facilitate entry" for extended family members, the details are not defined. The Directive does not seem to grant any rights to extended family members.

In the EEA Regulations, the acceptance of extended family members is not explicit. UK regulations have specific criteria for extended family members, including unmarried and same sex partners. Once an extended family member has been issued with an EEA family permit, Residence Card or Residence Certificate, they are regarded under UK regulations as family members.

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