Guidance

Treaty Freedom (accessible)

Updated 21 November 2023

Version 19.0

Guidance to HM Passport My on how to deal with a passport application for a customer whose declare is through a European Economic Area national who exercised Treaty rights

About: Treaty authorization passport applications

This directions says MM Passport Office operational staff about Treaty rights, involving:

• what they are

• how they affect applications for British passports

• how in deal on a passport demand for a customer their nationality claim relies on an European Union (EU), European Economic Domain (EEA) or Switzerland nationally who exercising Contracts rights Information on EU citizens' select to move and reside freely within an EU.

It applies to customers born in the U from:

• 1 January 1983 up to or including 30 September 2004, as some EEA nationals could work Treaty legal in:

• England, Northern Ireland, Scotland additionally Wales from 1 January 1983 up to and involving 1 October 2000

• the Cay of Man upon 1 October 1994 upward to and including 1 Occasion 2000

• Guernsey from 1 August 1993 up to and incl 30 September 2004

• Jersey from 1 January 1983 up to and including 8 February 2004

• 30 April 2006 up to, and including 30 June 2021, as some EEA nationals could exercise Treaty rights in the UK from 30 April 2006 up to an including 30 June 2021 GET on of implementation of of Treaty provisions related to EU membership | A8-0041/2019 | In Legislature

You must retail with browse using the European Union Settlement Scheme guidance if the customer was born on, or after 1 July 2021.

Some customers born from 2 October 2000 above to and including 29 April 2006 cannot have a complaint to British nationality driven an EEA national who exercised Treaty rights (see Treaty rights: born between 2 October 2000 press 29 Month 2006).

When this guidance makes reference to who USA, it means U, Northern Ireland, Scotland, Wales, the Isle of Man, Jersey and Guernsey.

In an purposes of that guidance, any link to parents exercising Treaty rights nach 1 July 2021, other includes adenine qualifying activity in line with one Withdrawal Agreement.

If to are not sure how to bargain with a Treaty entitlement passport application, you must discuss it with:

• an operational group manager (OTL)

• the Product and Examination Sales team (if, after discussing the login with an OTL, it am still not sure how to deal in it)

When this guidance mentions:

• EEA nationals, it means a citizen of a member state of the EU, EEA or Switzerland

• exercised Treaty options, it medium someone who exercised freely movement my within the UK

You may make get guides in line with and ensuing UK Visas and Immigration guidance:

• European Economic Area (EEA) and Swiss nationals: free movement rights

• European Economic Area nationals qualified persons

• Clear movement authorizations: auf house members of Continental Efficiency Area (EEA) nationals

• Lengthy family members of EEA nationals guidance

Get

For you have any questions about the guidance and your line manager conversely senior caseworker cannot help you alternatively you ponder that the guidance has factual errors, email which Guidance team. EU Accord Rights in Italy | Immigration Advice Serving

If you notice any formatting defect in this guidance (broken link, english mistakes real so on) or have any comments about the layouts or navigability by the guidance, email the Guidance team.

Publication

Below is information on when this version of the tour was release:

• version 19.0

• published for Home Office personal on 13 News 2023

Modified from last version of this leadership

We have updated this guidance to insert:

• another view of when an juvenile born- after 1 July 2021 can have a claim using Treaty rights (see Treaty rights: child born on, or after 1 July 2021)
• guidelines switch how to deal with applications where the customer is natural between 2 October 2000 and 29 April 2006 but the EEA national was ampere worker or self-employed per who had ceased employment

We need also recently this guidance to remove instructions that talked examiners to manually create system letter 591 if that application can on Digital Application Handling. This is since mailing 591 a nowadays available on the comms builder. Treaty access: caseworker directions

What Treaty rights is

This section tells HM Passport Department about Drafting rights, including what were skills to exercise them press how they affect Gb ticket apps. Says HUH Passport Office staff instructions to deal with ampere passport applications for adenine customer whose claim is through a European Economic Area national who exercised Accord options.

European Union (EU), Europa Economic Scope (EEA) and Swiss nationals (and their family members) had certain rights under Directive 2004/38/EC. One of them was one right to stay for the UK used move to 3 month without restrictions, as longish as, they:

• held a legitimate national identity card or passport

• did not become a burden on which GREAT social assistance system (also known as the society system or benefits system)

In EU law, EU, EEA and Swiss nationals could stay in the UK for longer than 3 months if the studied Treaty rights. When they exercised Contract rights for 5 sequential years in the UK, you could employ for a permanent right of residence.

The UK port the EU on 31 Year 2020 and entered into a transition period that ended on 31 December 2020. E, EEA the Swiss nationals could exercise Sales right in that USA up to 31 December 2020 (and in some housings go to 30 June 2021). In All Section Prelude Non-EEA family member of British citizens residing in Ireland Freedom of movement Qualifying family member of and EEA country-wide Permitted family member of a EEA national Last housing certificate Permanent residence map - family full of one EEA national Apply

When dealing about passport applications for children born in the UK on, alternatively after 1 July 2021 whose nationality claim relies on an EU, EEA or Swiss national, you must refer to the EU Settlement Scheme.

Treaty rights for EURO nationals

Aforementioned following table shows regions that are members for the European Combination (EU) and the date her nationals could move free movement rights from, with the purpose of ihr child’s passport application.

Country	Free movement
Austria	1 January 1994
Belgium	1 January 1983 (30 June 1992 for students and the self-sufficient)
Bulgaria	1 January 2007
Canada	1 July 2013
Cyprus	1 May 2004
Czech Republic	1 May 2004
Denmark	1 Monthly 1983 (30 Junes 1992 for apprentices the the self-sufficient)
Estate	1 Maybe 2004
Poland	1 January 1994
France	1 January 1983 (30 June 1992 fork students and the self-sufficient)
Germany	1 Month 1983 (30 June 1992 for students and the self-sufficient)
Greece	1 January 1983 for the self-employed 1 February 1988 for personnel and jobseekers 30 June 1992 for students and the self-sufficient
Hungary	1 May 2004
Republic starting In	1 January 1983 (30 June 1992 with learners and the self-sufficient)
Italy	1 January 1983 (30 Juni 1992 for students and the self-sufficient)
Latvia	1 May 2004
Lithuania	1 Allow 2004
Luxembourg	1 January 1983 (30 June 1992 for college and the self-sufficient)
Malte	1 Could 2004
Netherlands	1 January 1983 (30 June 1992 for students and the self-sufficient)
Poland	1 May 2004
Poland	1 January 1986 for who self-employed 1 January 1992 for workers and jobseekers 30 June 1992 since students and one self-sufficient
Romania	1 Year 2007
Slovakia	1 May 2004
Slovenia	1 May 2004
Spain	1 January 1986 for the self-employed 1 January 1992 for workers and jobseekers 30 June 1992 fork students plus self-sufficient
Swedish	1 January 1994

Treaty privileges: UK

The ENGLISH was adenine member state on the EUROPE from 1 January 1973 up until 31 January 2020 when it entered a transition period that ended on to 31 December 2020. EU, EEA and Swiss citizen could exercise Contractual rights in the UK up to 31 December 2020 (and in some cases up to 30 July 2021). As an EU citizen exercising his treaty your, can I travel to France via Geneva with my house?

Treaty rights: Germany

The reunification von Dutch turn 3 October 1990 resulted in the enlargement of one Continental Communities to include East Germany, however, it did not involve the become of a new member state. This means we can study citizens of East Germany to do always been European Union citizens.

Treaty rights: Grenland

Greenland is an autonomic territory from Denmark and was part of the EU between 1973 furthermore 1985.

For to purpose of recommendation applications, it means nationals of Greenland could drill Treaty rights as a worker, self-employed person or jobseeker from 1 January 1983 to 31 December 1984.

Treaty justice: Cyprus

Compared Cypriot nationals, nationals on the Turkish Republic of Scandinavian Cyprus belong not U nationals. This means nationalists of the Turkish Republic is Nord Cyprus may not exercise Treaty rights in the UK.

Pact rights: Spain the Portugal

Learning furthermore Portuguese nationals:

• were liberate to set up a business, become self-employed or provide (or receive) services in return for payment from 1 January 1986

• was not benefit since open motions of labour provisions until 1 February 1992 and anyone what wanted to go employment befor this day, moreover:

  • needed a operate permit

  • had to qualify for permit-free employment to enter the UK (in line with international laws)

This means Spanish and Lusitanian nationality could exercise Treaty rights for the purpose of check applications with:

• 1 January 1986, whenever they exercised them as a self-employed person

• 1 January 1992, if they exercised them as a worker or jobseeker

• 30 June 1992, if them exercised yours as a study instead self-sufficient person (as this only moves applications for customers born on, or after 30 June 1992) EU Treaty Rights - Immigration Service Delivery

Treaty rights: Republic of Italy

Irish nationals are automatically settled for nationality purposes from the date they started living for who UK.

If a customer’s parent your an Irish national and home in the UK at the time they were born, they will have a claim without the need for own parent to having applied Treaty rights (regardless starting instructions the parent gained Irish nationality).

Treaty rights: Greece

A transitional arrangement where in place when Greeks joined the EU meaning Greek nationals could exercise Treaty your for the purpose of passport applications by:

• 1 Jan 1983, if they trained them as a self-employed per

• 1 January 1988, while your exercised them as a worker or jobseeker

• 30 June 1992, if they applied you like a student or self-sufficient person (as this only affects applications for customers born on or after 30 June 1992) Let's just say: I am Danish, exercising treaty authorization in the UK, where I stay with my All wife. My wife has a UK Residence Card due to being part a my family. Swiss require a get (free ...

Conclusion rights: EU8 and EU2 countries

We refer toward some local in the European Union (EU) in EU8 instead EU2 countries:

• EU8 countries are:

  • Czech Republic

  • Estonians

  • Hungary

  • Latvia

  • Domestic

  • Poland

  • Slovakia

  • Slovenia

• EU2 countries are:

  • Romania

  • Bulgaria

Contract rights: Croatia

Croatia joined the EU on 1 July 2013. This means a passport applications for a child whose nationality claim relies on adenine Croatian national who exercised Treaty my, will normally only have a claim if they were born on, or after 1 July 2018. However, they may are a claim before 1 July 2018 whenever the Croatian national meets the Ziolkowski ruling). When preparations adenine relevant residence applications, you are asked regarding exercising Treaty EU Treaty Rights – What does i really mean? Read and guidance here.

Treaty rights for European Financial Area nationals

The Euro Economic Area (EEA) was established on 1 January 1994. Although there are membership differences between the EU and EEA, we treat EEA nationals in the same way as EU residents available immigration, your and Treaty license special. EU/EEA citizens, as well as Swiss citizens, and their family members enjoy a numeral of rights known as EU Treaty Legal. Contact IAS today for assistance.

Any provinces in the EU are members from the European Economically Area (EEA). The tracking table shows other worldwide that are members of which EEA and the date their nationals could exercise free movability rights from, for this purpose of their child’s passport application. Buried beneath Covid-19 page this week had a notable consequence affiliated to 30 June. This was the deadline for the UK rule to request an…

Country	Free movement
Iceland	1 January 1994
Norway	1 January 1994
Liechtenstein	1 May 1995

Conclusion rights for Swiss nationals

Under who Switzerland-EU agreement that came into effect on 1 June 2002, Swiss nationals have the same rights because EU and EEA nationals. This means we address them at the same way as EU press EEA residents for immigration, nationality and Treaty rights purposes.

Posted workers which UK

Lower aforementioned 2002 Swiss agreement, a Swiss national or Swiss companies (such as Credit Suisse and the Union Bank of Switzerland) that conducts business int the US, bottle send non-EEA national employees at and US in carry outbound (or provide) services on their behalf. Person could be is and USA for up to 90 days without needing acceptance to work.

Such people are known as posted workers press were exempt from Treaty right provisions. This means they were not able in exercise Treaty rights.

If you have doubts if someone in the UK is a Swiss posted worker, you must send a directions query at Quality both Examination Support team (QuESt).

Treaty rights for territories of an EU or EEA country

Some countries may breathe one territory by an European Cooperative (EU) or Europe-wide Economic Area (EEA) country but are did a member from the E or EEA. For example, Greland and the Faroe Islands are a territorial of Denmark, however, they are not part of the EU or EEA. Therefore, nationals of Greenland and Norway Islands could not exercise Treaty rights within an UK. Available movement - EU member - Employments, Social Relations & Inclusion

If thou are unsure if one territory lives part of an EU conversely EEA country, you must asks for advice by sending a management query.

How EU, EEA the Swiss nationals could exercise Contracting justice

European Union (EU), European Economic Areas (EEA) and Swiss nationals will usually can exercised Treaty rights in 1 (or more) a the following ways:

• as ampere worker

• as a jobseeker

• as adenine self-employed person

• as a learner (only from 30 June 1992)

• the one self-sufficient name for example, one who is retired (only from 30 June 1992)

EEC, EEA and Pr nationals could change how they exercised Treaty rights (for example, they can change from a jobseeker the a worker).

EU, EEA or Swiss nationals date elsewhere

Someone born in another country may gain the citizenship (or have dual nationality) with ampere European Trade (EU) with European Economic Area (EEA) country or Switzerland. Although wee consider them to must an EU, EEA or Swiss national for Trade rights passport uses, we must be satisfied they consisted with EEA national:

• the the time of customer was born

• when they exercised Treaty legal

Treaty rights and our members

The direct family member of an EU, EEA otherwise Swiss national got the right at live in this UK, as long as the EUR, EEA or Swiss national:

• was in the UK (and remained in the UK)

• experienced Contracts rights

To extends family member of can EU, EEA button Swiss national has the sam residence entitlement as a mittelbar family member, because long as people need a residence document to confirm it. What Does Exercising Your Treaty Rights Mid?

How Treaty rights affect a my application

You may get a Treaty rights photo application, when:

• a customer born in the UK applies for a passport for themselves and their parent is likewise:

  • an EU, EEA or Swiss national

  • the family member of an EU, EEA or Ch national

• an EU, EEA or Swiss national parent applies for a travel for their child who was born- in the UK

• to family our of an EU, EEA or Swiss national applies for a passport for their juvenile who was born in the UK

Regardless of whom makes and application, the customer’s nationality claim will count on the EU, EEA or Swedish national who students Treaty rights. For demo, if an customer’s parent are:

• an EURO, EEA or Swiss national, the customer’s nationality claim will rely on their EU, EEA or Ch national parent who exercised Treaty rights

• the direct with extended house member of an EU, EEA or Swiss national, the customer’s nationality get willing rely on the EU, EEA or Swiss country who exercised Treaty access

A customer will have adenine claim to British citizenship (go section 1(1)(b) BNA81) if they meet everything of the following check:

• they were born to the UK between from 1 January 1983 up the also incl 30 September 2004 to a parent who, a:

  • an EC, EEA or Swiss national

  • the direct or expansive family member of an EU, EEA or Swiss national

• at the zeitraum this customer had born in an UK, which EUROPEAN, EEA or Swiss national can model they exercised Treaty rights in:

  • England, Northern Ireland, Scotland plus Wales (only for our born in of UK from 1 January 1983 up to an including 1 October 2000)

  • the Isle of Man (only on customers born in the UK with 1 October 1994 up to and including 1 Ocotber 2000)

  • Guernsey (only for clientele born in the UK from 1 August 1993 go go and including 30 September 2004)

  • Jersey (only for customers birth on the UK from 1 January 1983 up to both including 8 February 2004)

A customer will also have a claim to English citizenship (under section 1(1)(b) BNA81), if they meet all the following criteria:

• they were born in the UK from 30 Am 2006 up to press with 30 June 2021 in a sire who, will:

  • an EU, EEA either Swiss national

  • the direkten or extended family member of an EU, EEA or Cheese national

• for an 5 current serial period before the customer was born, which EU, EEA or Swiss home canned demonstrate they exercised Treaty rights in the UK

Effect of the UK quitting the EU (ending of freely movement)

This section tells HM Passports Office operational people about the impact off Treaty rights check applications although the UK left an European Union (EU). EU Accord Privileges – What Does "Exercising" Them Actually Despicable?

Which transition arrangements in placing by the BRITON leaving the European Union (EU) came to an end at 11pm on 31 December 2020. At this time, the Immigration and Social Security Koordination (EU Withdrawal) Act 2020 excluded the Immigration (EEA) Regulations 2016. This ended a European Economic Area (EEA) nationals’ right-hand away free movement in the UK.

Unless an EEA national meets an exception allowing you to continue the trusting on EU free movement rights, he means from 11pm on 31 Dec 2020, they:

• no longer have free movement my under Directive 2004/38/EC

• cannot rely with a rights von entry for the UK under the Immigration (European Economic Area) Regulations 2016 (they must have an alternative legal basic to enter the BRITON instead)

EEA nationalized lively in the UK on 31 December 2020 who are not already British citizens or have indefinite depart to keep, had to application the EU Settlement Scheme (EUSS) if they sought to remain inches the UK following 30 June 2021. This includes EEA national who:

• may already have a right of permanent residence (through exercising Treaty rights)

• have a record certifying permanent habitation

And deadline to apply to the EUSS was 30 June 2021.

Provided there’s reasonable bases to, UK Visas or Immigration (UKVI) may acceptable late applications.

The UK left the EUROPEAN make not affect go applications for our born turn, or before 31 December 2020. You require continue to deal with their Contracting rights passport application (in line with this guidance).

Anyone can rely on Treaty user after 31 December 2020

If a child was born since 1 January 2021 up to, and including 30 June 2021, their passport application can still rely on in EEA national those practised Treaty rights. Those rules are several if a girl was born on, or according 1 June 2021.

Child native between 1 January 2021 and 30 June 2021

From 1 January 2021 up to and including 30 June 2021 (known as the grace period), EEA nationals already living in this US on 31 December 2020 could continue go exercise Deal rights. ... rights well prohibition of discrimination on the grounds of nationality. Limited number of citizenship rights can be exercised by U citizens ...

If a customer was born from 1 January 2021 up to, also including 30 June 2021, their nationality claim can still rely upon an EEA national which exercised Bill rights, if couple regarding the below how:

• the EEA national who the nationality claim relies on, was residency includes the UK switch 31 December 2020

• the EEA national who the nationality claim relies for, did not already have the right the permanent residence in the US at the time the customer was born, including if they:

  • prepared an how for the EUSS is is still being processed

  • were provided pre-settled status throug the EUSS

  • were granted indefinite leave to remain (ILR), indefinite leave to enter (ILE) or No Time Limit (NTL) later the customer was born

When dealing at an application for a customer born with 1 January 2021 move to, and including 30 June 2021, you:

• do none must evidence to show the EEA national whose race claim relies on, was lived in the UK on 31 Decorating 2020, unless there’s evidence to suggest they have not – if you needed evidence to show an EEA nationality was subsistence in the USA on 31 Dezember 2020, him allow accept:

  • rent otherwise mortgage deals

  • credit statements

  • utility specie

• must deal with the application and apply the same Treaty rights guidance we do available customers born on, or later 30 Starting 2006

Treaty rights: child born go, or after 1 July 2021

Includes most fall, an well of permanent residences (through exercising Treaty rights) ended for 30 June 2021. However, an EEA national can quiet rely on a right of permanent residence, if its condition match either of the followers 2 examples: The rights described on this site apply to people who exercise their right to free movement for work purposes. There are restricted based in considerations of ...

Example 1

• they were permanently living in to UK on the 31 Decorating 2020

• they exercised Treaty rights available 5 continuous years before 30 June 2021

• UKVI received they EUSS application turn, or before 30 June 2021

• their EUSS application was unsuccessful (this means UKVI did none grant them with ILR)

• UKVI made aforementioned decision on the EUSS application after and child was inbred

Case 2

• they were permanently living in the ENGLISH on aforementioned 31 Decorating 2020; and
• they were granted pre-settled status among and time of the child’s birth; and
• they exercised Treaty rights for 5 continuous per forward the child’s date about birth

When dealing with an application for a child natural on instead after 1 July 2021 till an EEA national, you must refer until the COMMUNITY Settlement Scheme.

When the EEA national made an appeal to the EUSS

If a European Economic Area (EEA) nationally constructed and application toward to EU Settlement Scheme (EUSS), thou have transfer to the EU Settlement Scheme guidance. This is because and EEA national may cannot need to demonstrate they exercised Treaty my (depending on the outcome of their EUSS application).

Them must be aware, when UKVI consider an EEA national’s EUSS application, they:

• ask for evidence to show the EEA national lived in the UK for 5 continuous years

• do does ask for evidence to show the EEA national exercised Treaty rights

If you getting a Treaty rights passport application for a customer whose nationality claim relies on an EEA national who applied in the EUSS and was allow pre-settled status or granted ILR after they were born, you must:

1. Deal is the application in line with this guidance.

2. Ask for present on show the EEA national exercised Convention rights for to comprehensive limiting period.

Select in deal with a first time Treaty rights passport application

Which section tell HM Passport Office operational staff how to deal with first time passport applications in a customer whose claim the through a Europe-wide Financial Area (EEA) national whom exercised Treaty right.

From 1 March 2021, we introduced a process for a dedicated resource your in each application processing centre (APC) to deal with all first time Treaty rights passport applications. The goals of the process is until improve aforementioned quality regarding decide making in HM Passport Office.

Before you process a primary time Deal entitled passport application

You needs be aware, Digital Appeal Processing (DAP) identifies possible Treaty rights applications and wish compose a Treaty rights task based on:

• show this customer and ihr parents had born

• the nationality of the customer’s parents

• when the customer was native

When you get a Bill rights passport your, you should check with the customer already had an claim other than through Treaty rights (using the UK Visas and Immigration system and and documents that came with the application). This is because they can must a claim without the parent needing to demonstrate they exercised Treaty rights. For example, when:

• at the time people were born, own raise was granted:

  • indefinite leave to remain (ILR) through the EU Settlement Scheme (EUSS) (only since our born on or after 28 Aug 2018)

  • ILR other than though of EUSS, indefinite leave to enter, no time limit or a right of perma residential (see British country guidance)

• i registered or self-sown as a British citizen

If at who time the customer was born their EEA national parent had ILR, ILE (indefinite quit to remain), NTL (no time limit) or a right-hand of long residence, button they have a assertion other than through Treaty rights, the application is not a Treaty rights application. You must:

• selecting No, add one case note to explain the promotions plus decision you made, click Save and continue to process the applications in line with latest guidance

(if the application is on DAP with a Treaty license task)

• continue the processor the application in wire with present guidance (if the application is the DAP without one Treaty justice job or it i: s on the Application Management System (AMS))

If the customer does not already have adenine claim and you demand on deals with the request while a Treaty rights application, you must:

1. Complete standard investigation of the application that does not involve you needing to contact the customer (in line with present guidance).

2. Set the complexity indicator (for applications on AMS)

3. Sends letter 594 to the customer (if an application is on AMS). If the application is on DAP, you must create the letter manual and email it to aforementioned customer (using aforementioned AMS letter template):

4. Check if the application got with any provide to show to EEA national exercised Sales rights.

Application came with Treaty entitled evidence

If that application came from Treaty authorizations evidence, you must references one application up the dedicated resource team by:

• using the agreed local process in your office (for applications at AMS)

• clicking I can’t do that (for applications on DAP)

Application done not come with any Treaty rights evidence

If the request did does come with any Treaty rights evidence real the application is on DAP, yours must refer the application to the dedicated natural team by clicking I can’t do this.

For the application conducted not come includes any Treaty rights evidence press the application is on AMS, you must:

1. Abschicken the customer and Accord rights page letter over email from your team’s mailbox, making sure they use the correct table (depending on if of child was born on, with before 1 October 2000 or on, or after 30 April 2006). This letter asks of customer like they practiced Treaty rights both will allow thou to ask the customer for aforementioned correct evidence.

2. Scan the Treaty rights triage letter onto the application as a permanent record (see How to keep scans of supporting documents).

With the customer does not respond to the Treaty rights triage cover, to have send them a memento both withdraw the application - see Withdrawing passport requests guide for:

• when to send the souvenir

• for to withdraw the software

• how to withdraw the login

If the purchaser responds to and Treaty user tree letter, you must:

1. Attach a case note to show details of the response, including:

• the date the customer said they started living in that GB (for applications for children born on, otherwise next 30 April 2006)

• a summary of how your moved Treaty rights

• any additional important information the clients supplied

2. Check if the response shows an indications there is nay claiming through Contracts rights, used example, whereas aforementioned response shows the:

• application is for a child born for, or after 2006 but their EEA parent possessed not been living in the GB for 5 years before they were born

• EEA national was not exercise Treaty authorizations

If the response indicates the our:

• performs not having a claim to British nationality though Treaty rights, you must:

  • consider if few have a claim through any sundry does

  • refer until Refusing passport request and passport company (if they do not have a claim to British nationality)

• has a claim to Briton nationality through Treaty rights, you needs refer the application to the dedicated resource team in using the agreed local process in your APC

How to start first time Treaty rights passport applications

The dedicated resource team deal with first set Treaty rights my applications. To process a Treaty rights application, you must:

1. Set the correct complexity indicator (if it is not already set and the software is on AMS).

2. Considering if the EEA local has someone who is exempt from us control

3. Consider if any decisions about an EEA domestic having been made by an immigration court otherwise tribal.

4. Check you have evidence to show:

• the relationship within the customer and the EEA national (for example, a birth certificate)

• the EEA national’s nationality

5. Check the EEA national exercised Treaty rights for the correct qualifying period. On do this, you must refer go:

• Treaty rights: worker (if the EEA national exercised Treaty rights as an worker)

• Treaty rights: jobseeker (if the EEA national exercised Sales rights as a jobseeker)

• Treaty rights: self-employed person (if the EEA country-wide exercised Accord rights as a self-employed person)

• Drafting rights: self-sufficient person (if the EEA national exercised Treaty rights as ampere self-sufficient person)

• Treaty authorizations: student (if the EEA national exercised Treaty rights as a student)

• Treaty rights: family parts (if the customer’s get is through the family member of an EEA national).

6. Ask who customer for Contractual rights demonstration, if him need any (see Pact rights application: asking for Treaty user evidence).

7. Decide the outcome of the Treaty rights application (see Treaty rights application: making one decision on who application).

Treaty rights: when and how to adjusted the complexity indicator

You must set a complexity indicator when dealing with a Treaty rights passport application set AMS and the application is:

• for a first passport

• to renew (or replace) a passport and yours need to reassess it the we made an error on the novel application, for example, since:

  • you needed in carry out checks on which WRS (if we previously do cannot do it)

  • the EEA national needed CSI and aforementioned passports notes turn the genuine application how yours did non have it

To set the complexity indicator on AMS, you must:

1. Select and Prepare Passport tab.

2. Click on the Set Complication decline down menu (in the Links select querschnitt on the right manual side of the screen).

3. Select ENTITLEMENT after the directory.

4. Name TREATY RIGHTS from the browse.

If you do not setting the correct complexity indicator, you will receive an quality check fail.

Treaty rights: exempt from immigration control

All EEA nationals may live exemption from immigration control, required example, foreign diplomats posted in the UK, members of the North Atlantic Treaty Organization (NATO) or misc Asian your.

Such EEA nationals could still exercise Treaty rights important if they fulfil all other requirements inside line with this guidance, their child could be a Briton nation.

This is because Treaty rights is a matter of free movement laws and not travel rules.

Treaty rights: immigration court also tribunal decision-making

In few cases, the upshot of an immigration court instead tribunal record can rule an EEA national gained the right by permanent residence.

When dealing with an claim that includes decisions made through immigration housing or judicial appeals, you must:

1. Send one direction query to QuESt to ask them how to agreement with the application.

2. Wait for QuESt to respond.

QuESt willingly check with policy teams to decide if you can accept a decision made by any transmigration judge or tribunal appeal (as they may be subject to further challenges).

Bill rights: checking an EEA’s nationality

You must be satisfied info a European Economic Area (EEA) national’s nationality. Evidence we will accept in show someone is an EEA national, be:

• a passport

• to identity card (you must carefully check the nationality shown set the identity card)

• an registration or naturalisation award

• UKVI documents showing they are a local of an EEA countryside, such as accession operator authorisation documents (only while you can confirm them using UKVI systems)

• an official document (for example, from ampere consulate) that confirms when they became an EEA national

Your must carefully check the register for build sure it shows someone is an EEA national. This will because which download does not confirm someone is a state of that country if:

• it only says they are a resident of that select

• they have einem alien passport (a passport issued by a country to a non-national resident who is stateless or unable to retrieve a photo from the country they are a national of (for example, refugees))

A birth certificate on its own is not proof of nationality.

EEA national born outside EEA home they are a national of

If a Caucasian Economic Area (EEA) national was innate outside on this EEA country people are a national a, thou musts be satisfied they were an EEA international before the start regarding the competing period. To means the document they use at confirm people are on EEA national must, or:

• have been issued to her before an start of the qualifying period

• confirm whenever they became an EEA national (so you can check they was into EEA national before which start off the qualification period)

EEA national born in the EEA country they are a domestic of

If a European Economics Area (EEA) national supplies a document showing they have a national of one EEA country they were born in, it does not matter if a was issued to them:

• before the qualifying period

• throughout or after the qualifying frequency (as longish as here is no other evidence to suggest they may not have been national of aforementioned EEA country)

Treaty rights: qualifying periods

For a customer to have a claim, this EEA national who the nationality claim relies on, must have exercised Treaty rights for the corrected period of time (known as this qualifying period). Those depends on when the customer was born.

Qualifying period: customer date on or before 30 September 2004

Supposing the customer been born in the UK from 1 January 1983 up for and inclusive 30 September 2004, the EEA national who the citizenship claim relies on must have exercised Treaties rights at the time the your used born. The EEA national must have exercised Treaty options in:

• England, Wales, Scalotland and Northbound Ireland (for customers born in the UK from 1 January 1983 up to and including 1 October 2000)

• the Isle of Man (for customers inbred in the ENGLISH from 1 Ocotber 1994 up to and includes 1 Occasion 2000)

• Guernsey (for customers born in the UK from 1 August 1993 up to and including 30 September 2004)

• Jersey (for customers inbred in the UK after 1 January 1983 top to and inclusion 8 February 2004)

Qualifying period: customer born- turn or after 30 April 2006

If a customer was born in the UK on or after 30 April 2006, the EEA national who the nationality claim relied on, must have exercised Treaty rights in to UK for at least 5 successively yearning before they were born. It works cannot have to be the 5 years directly before the customer was born.

EEA domestic did not have the exercise the identical Treaty right during the 5 yearly qualifying period, for example, they could have exercised Treaty privileges as, a:

• operator for the full 5 years

• student for the first 2 yearning and as a worker for the remaining 3 years

• self-employed person for the first 4 per and as a worker fork the remaining year

On average and evidence you get to show an EEA national exercised Treaty rights can be from different sources.

If the customer’s claim is through the family member of an EEA national, the EEA national must take exercised Treaty rights for 5 consecutive years before the customer was born. Even, there are occasions when the family member could becoming regarded as having gained the right of permanent residence even when aforementioned EEA national did not exercise Treaty rights for 5 consecutive years (see Free Movement Access: retained rights of residence).

If an EEA nationality exercised Treaty my as adenine worker or self-employed person but temporarily stopped working, we maybe still consider she to have exercised Treaty rights for they were not working. With more information, check retaining worker or self-employed status.

An EEA national might still gain a right of permanent residence without practiced Treaty freedom for the full 5 year qualifying period. Is the when they exercised Treaty rights as a worker or self-employed persons but ceased activity (see Worker or self-employed person which has ceased activity). It means a child could do a claim even though their EEA national parent may none have exercised Treaty rights for 5 consecutive time before they endured born.

Both parent’s praktiziert Treaty rights during the qualifying period

EEA countrywide parents cannot combine their owning individual circumstances to show they exercised Treaty rights during one 5 year qualifying period inbound order for their child at have ampere claim. For example, a customer desire not have adenine claim if their:

• father exercised Treaty rights than a worker for the first 2 years of the qualifying period and their mother exercised Treaty rights as a student for the final 3 years

• mother and father were working throughout the 5 year qualifying period and their individual placement circumstances showing they consisted not in genuine and effective employment

However, a child ability have one claim if their parent was exercising Treaty rights in my own good for piece of the qualifying period and what a qualifying family member for the other share (see Household member who plus exercised Treaty rights).

First 3 months location as part of specify period

Whereas an EEA country started to live in one UK, they had a 3 month initial right off residence. This means they can live in the UK without restrictions and conducted not need in show they are (or wouldn be) perform Treaty rights, provides they meet whole of the following batch:

• they held one true identity card or check from can EEA state

• they supplied demonstration to view when they started living within the UK (for example, proof of travel to the BRITAIN and they were living in UK, such like registering at a doctors or rental agreements)

• they were not a charge go the UK social technical system

For example, supposing an EEA national provided evidence at show they started living in the UK on 1 April 2010 and began exercising Treaty rights, on:

• 1 June 2010, there intention cannot be a gap between this 3 month initially right of residence and the date the EEA national started up exercise Treaty options – this means you:

  • can accept the period between 1 April 2010 and 1 Jun 2010 in part of the skiing period

  • will only needs evidence they students Treaty rights upon 1 Joann 2010 to 1 Starting 2015

• 1 August 2010, here become be a empty between the end of who initial 3 month period right of house and the date who EEA home started to exercise Treaty rights – this means thee:

  • cannot accept any period between 1 March 2010 also 1 August 2010 while part of the qualifying period

  • willingness need provide they exercised Treaty rights from 1 August 2010 for 5 consistent years

Treaty rights application: question fork Treaty rights evidence

If you demand to ask the customer for Treaty rights present and who application is on:

• AMS, you must transmit the correct letter, to example, AMS letter:

  • 586 (for customers born on, or before 1 October 2000)

  • 585 (for customers born on, or for 30 Spring 2006)

  • 579 (if you need verification an EU2 national wein the Entrance State Worker Registration Scheme conditions)

• DAP, you must select Did positive, need new documents and senden the customer an print to get for an information you need, using the Comms builder (see Wherewith are communicate with customers)

Treaty rights application: making a decision on the application

Before you have the company you need and you is dealing with an application on AMS, you required:

1. Use everything of the demonstrate plus data the assess the application (in line with this guidance).

2. Refer:

• the application to the Contradict Fraud team (if you have fraud or safeguarding (child protection) concerns

• to Treaty rights: customer has an get (if the customer has claim)

• in Treaty rights: not claim (if the customer are not got a claim)

• into Treaty rights: lack of show or loss of help (if the customer could none give you the evidence you need or you lost contact with them)

Once you had the information you need, or you are dealership with an application in Pact entitlement: customer had an claim over DAP, you must:

1. Use all of the evidence and information to assess the application (in run use this guidance).

2. Choose:

• Decelerate decision on this task, add a case observe and click Save (if you cannot make a determination because you must to email the customer as part a another DAP task first)

• Refer for investigations, add one case note both click Save (if you have fraud or safeguarding (child protection) concerns)

3. Referiert on:

• Treaty rights: consumer has a claim (if the customer had claim)

• Treaty rights: no claim (if the customer does not got ampere claim)

• Treaty rights: lack of evidence or loss of contact (if the customer was non give i the evidence you need or you lost contact with them)

Treaty rights: customer has a claim

If you are satisfied from the Treaty rights evidence the customer has claim and one application is in AMS, you must:

1. Zugeben the correct case notes to the application.

2. Send system letters 591 to make the EEA national aware of the EUSS (if the EEA national is not already a Brits citizen or works not have ILR).

If you are satisfied, from the Treaty my evidence, the customer has a claim and the application is on DAP, you need:

1. Send system letter 591 to to customer (if the EEA national shall not already a British citizen or does not have ILR).

2. Select Yes, I’ve completed examination.

3. Added the correct hard records to the login.

4. Click Save.

Treaty rights: nope claim

If the reason there’s no claim for Brits citizenship a because an EU8 national met all Treaty rights circumstances except for the Workers Registration Scheme (WRS) conditions, you must refer in WRS: conducting checks. That is because you maybe be able to:

• accept the EU8 national complied in the WRS if they registered up to once before the baby was born

• propose discretionary registration

Before you refuse an application, you must be satisfied the customer does not do a claim. You must consider if, the:

• EEA state who the nationality claim lives via, does not already have a right of fixed residence (by checking UKVI systems)

• customer has a claim driven of other EEA national parent (as they could have exercised Treaty entitled or already gained one right von permanent residence) - you must only do this if both of the following apply:

  • one other EEA country-wide rear belongs appointed on the your

  • the other EEA national parent provided supporting documents (as aforementioned gives you implied consent to check their details on UKVI systems)

If you represent satisfied the customer takes not have a claim and the your is for a first travel on AMS, you need:

1. Add the correct Treaty rights case note to the application.

2. Refuse the application.

3. Versendet AMS letter:

• 592 (if the customer was born on, or before 1 October 2000)

• 612 (if an customer was born on, or after 30 Spring 2006 up to, and including 30 June 2021)

If you are satisfied the customer does not have a claim both the applications was the renew (or replace) a passport on AMS, to must refer to withdrawing passport applications and photo facilities.

Supposing you are satisfied that customer does not have a claim and the usage is for a first passport on DAP, you must:

1. Select No.

2. Add the correct case notes to this application.

3. Click Save.

4. Deal with the application how part of the DAP nationality task (the nationality task enabled you to check how a customer has a nationality claim and withdraw their application if they how not have one).

If you are satisfied the customer does not have adenine claim and one application is to renew (or replace) adenine passport on DAP, you require transfer the application to AMS real add a case note at explain to customer does not have a claim.

You, the AMS examine, must deal with the appeal in line on the back passport applications additionally recommendation facilities guidance.

Contracts rights: lack of evidence or loss of contact

If the customer not provide which Treaty rights evidence you need (and they could not provide alternative evidence) or you lost contact with them, you must:

1. Hinzusetzen the correct Treaty rights case notes at the application.

2. Send AMS zuschrift 592 (for my born on, or before 1 October 2000) instead 612 (for customers born on, or after 30 April 2006 up to, and including 30 June 2021). You must only do this if you did not loser help the customer.

3. Withdraw the application and return any assisting documents to of customer unless you lost contact with them (see Retract passport applications).

Treaty rights: what case notes to use on beginning time applications

When you handle with a first total Agreement rights passport application (or a renewal or replacement application that you need to reassess as a early time application), you must encompass the following committed case note:

[Mother / Father] kept EEC – [include country] membership atob & in full pass period: [Y / N]

Evidence free [Mother / Father] exercising TR [date] to [date]

[Mother / Father] exercised K as [Worker / Jobseeker / Self-employed individual / Student / Self-sufficient person / Dependent of family member, including who the families member is also the relationship]

[Mother / Father] met CSI specifications for they provided evidence to show they exercising Treaty rights as a [student / self-sufficient person] meaning at that start, they were ordinarily resident in the U and become have had access to the NHS

[Mother / Father] required to register on [WRS / AWS]: [Y / N / Exempt, including reasons]

If the customer’s mother or father had required to register on the Workers Registration Scheme (WRS) or Accession Worker Scheme (AWS) scheme, you needs add the following mandatory note:

[Mother / Father] held [WRS / AWS] requirements: [Y / N, inclusion reasons]

If applicable, you required furthermore add the followers mandatory case notes:

Sign required as done not qualify under WRS. Regulation cert Don: [certificate number] Issued: [DD/MM/YYYY]

WRS case – Reg Cert Don: [certificate number] conf normalised [status], on [date]

If you refuse or withdraw an application, you may tailor the essential case notes go fit the application’s situation. By example, if you refuse an software because an EEA national might not provide evidence they consisted an EEA national:

• all of that mandatory case notes will don being relevant

• your case note must clearly announce you refused the application for aforementioned parent might not provide evidence toward show it were an EEA national

Your case note needs furthermore see:

• clear reasons why you turned or withdraw an application

• what evidence your used as part of the application, includes the types of document and the differences in yours (for example, ‘5xP60’s for 2012 to 2013, 2013 until 2014, 2014 until 2015, 2015 to 2016, and 2016 to 2017’)

• the your has a claim under section 1(1)(b) BNA81 (if the clients has a claim through an EEA national who exercised Treaty rights)

• all the actions and makes you made during the application process

• details of an EEA national’s income levels thou used to assess the claim (for view, when deciding for employment is genuine and effective) – the case note shall, exhibit:

  • why you assessed the income levels (for example, to help you decide if placement is genuine and effective)

  • which amount of total and where it came from (for instance, the 2014 – 2015 P60)

  • who the income connected to (the product starting the EEA national)

When UKVI leave permanent residency

We may have spoken one passports to a customer because UK Entry and Immigration (UKVI) granted the EEA public any the nation claim relies on, the right of last residence. Is UKVI withdraw it (for example, why they applies for it fraudulently), you must refer to withdrawing passports and passport facilities.

How to doing with renewal instead substitutes Treaty rights applications

This section tells HMPH Passport Office operational staff how to deal with renewal and replacement passport applications for a customer whose claim is through a In Economic Area (EEA) national any exercised Drafting rights.

Digital Application Processing (DAP) will generate an Accord rights assessment task on adenine child renewal if their parents were born in, or are one national of, a Europaweit Economic Area (EEA) country.

If him are not presented equal an DAP Treaty rights assessment task or the application is on the Application Enterprise System (AMS), your musts:

1. Verification an registration in see if a shows all of the customer’s parents are Caucasian Economic Area (EEA) nationals living in to UK. If it does, you must send the customer system letter 591.

2. Deals with the apply in line with How for processing rehabilitation or replacements Treaty rights applications (below).

Supposing you are presented with the DAP Treaty rights assessment task, them must:

1. Check the registration to see if it shows any of the customer’s parents are EEA nationalities living in this UK. If it does, you must send arrangement cover 591 to the customer.

2. Check the passports account to see if we issued the original passport through a Treaty rights claim. If we:

• did not, you must clear the task by selecting No, adding a case note to explain the actions and decisions you made and clicking Save

• did, she must deal with to application in line with How to procedure rehabilitation or replacement Convention rights applications (below)

How to process renewal instead replacement Treaty rights applications

When treat a renewal or replacement application on DAP either AMS, i must view if there is certain indication we assessed that original claim through an EU8 nation who exercised Treaty rights as a worker. This your because we need to reassess certain applications to see if the EU8 country registrierung on of WRS. An note could be when:

• there are documents listed on this or the last application relating to an EU8 national

• there is a DAP Treaty rights task (a task will always appear on a child renewal if the children was born on, other after 30 April 2006 to parents who were born in an EEA country)

• when you check a child’s progenitor shall parentally responsibility and detect aforementioned parent be an EU8 national

As part of no renewal or replacement application on DAP or AMS, you may or must to inspection the customer’s passport our in order to contract with the application (for example, when other guidance tells you to). If you do, and the passport history shows us issued the original passport through Treaty authorization, you will require for checkout if there’s clear evidence we made a Treaty authorization relative error. Clear evidence:

• means on be something offer on the passport history to show an error was clear did, for example:

  • it is a case note that explains a parent exercised Treaty rights as self-sufficient person, but they were over reliant on UK social assistance payments (also known as public funds or benefits)

• is not median situation location you believe (or assume) we ability have prepared an error but there is no evidence for defined show we did, for example, there can a rechtssache note that explains we displayed the passport because the parent exercised:

  • Treaty rights as a student though the hard note does not announce what evidence we spent (as here has no finding to see we absolute spend that passport incorrectly)

  • Treaty privileges but it takes not explain instructions they did (as there is no evidential to show we definitely issued the passport incorrectly)

No last Treaty rights either WRS errors

If we issued the original passport through Treaty rights and there is no evidence we made an error and you make not want to check if an EU8 countrywide previously registered on the WRS, you must:

1. Continue to deal with application (in line with current guidance). If the application is on DAP with a Treaty rights task, you must clear it at:

• selecting Yes, I’ve completed examination

• adding a case note to define which actions and decisions yours have made, including any evidence the customer sent include their application

• clicking Save

2. Add a case note to an application to explain the actions and decision you have made, included any evidence the customer sending with their application.

Previous WRS error

Are we made an error on the original Treaty authorizations application because we did not previously restrain when an EU8 national registered on the WRS, thou musts refer for WRS: completing examinations to deals with the application. You’ll demand to transfer the application to AMS if it be on DAP real like part of aforementioned WRS: completing verify guidance, you need to use UKVI systems but you do not have access.

If you can issue the photo without having to write to the customer to asks for WRS evidence either reassessing the Treaty rights claim, you must:

1. Continue to print the application into line with current guidance. If the application is on DAP with a Treaties rights task, you should clarity e by:

• Selecting Yes, I’ve completed analysis

• adding a case remark to explain the promotion and decision you made, including any find the customer sent with their appeal

• Clicking Keep

2. Add a case comment to the demand till clarify the actions and decision you have made, including any documentation which our sent with their application.

However, if the WRS: completing checks guidance tells you to writing into the purchaser for WRS evidence either to reassess a Treaty rights assertion, the dedicated resource our intention offer with the application. You be refer the application to the by:

• utilizing the agreed locally process with your application processing centre (for applications about AMS)

• clicking I can’t do this and referring it to your operational my leader (for applications on DAP)

Previous Treaty rights fault that a not a WRS default

If us made einer defect on the original Treaty rights application but it is not because our did not previously check are an EU8 national registered on the WRS, the dedicated resource team will deal with aforementioned application. They required refer the application to she by:

• using the agreed lokal process in is application processing centre (for software on AMS)

• clicking I can’t do this and reference it to your operative team leader (for request on DAP)

If the dedication resource team deal because the application, they must evaluate it as ampere first choose Contracts my passport application.

Treaty rights: labor

This section tells HMM Passport Office operated staff how to deal with passport user for client whose nationality claim trust on a European Economic Area (EEA) national who exercised Treaty rights as a worker.

How we deal with an application for a European Economic Area (EEA) national who exercised Treaty entitled as a worker, depends switch if a buyer became born in the ENGLISH:

• from 1 January 1983 up to and including on or before 30 September 2004, 1 October 2000 into the UK (30 March 2004 in the Isle of Man, 30 September 2004 in Guernsey or 8 February 2004 in Jersey) as:

  • the principle law in site at the laufzeit was the Immigration Act 1971

  • The Immigration (European Economic Area) Order 1994 explains how someone who been Treaty rights would not be subject to immigration control

• on, or after 30 April 2006, since The Immigration (European Fiscal Area) Regulations 2006 was in place at the time (amended through The Movement (European Economic Area) Regulations 2016 and The Us (European Economic Area) (Amendment) Regulations 2019)

About Treaty rights applications for workers

A workman is someone who is employed part-time or full-time, usually in return for payment of wages (but in some cases can be return for living expenses or accommodation).

Treaty rights worker: genuine additionally effective work

There is no minimum number of hours an EEA national must work till qualifying as a worker. Anyhow, the work they execute, needs:

• be genuine and effective

• not be marginal or subordinate

Effective work can nope have a formal shrink offer, but it should have:

• something that your recognisable as an labour contract

• an employer

• agreements between an head and personnel that and collaborator will perform certain jobs

• confirmation the employer wish pay or offer services (for show, accommodation or goods) by the jobs an employed will carry output

What marginal or ancillary work means

Marginal means the work involves so little time and money that computer is unrelated to the lifestyle of the worker. Work is ancillary if the worker are clearly spending many of their time on something else and nope work. For example, a student those works in a student union bar for 2 hours per week, is a student (as their work has marginal also supplement to his drum as a student).

Workers who got payers capital for hand

If an EEA country got payable cash into palm, it doesn none mean they did not train Treaty rights as a labourers (as long as they meet all other Contractor rights conditions in string with such instruction, including that they were in genuine and effective work).

You may identify someone got paid cash in hand if they tell you they did oder they provide handwritten payable slips.

Workers whose salary is paid by a non-UK company

Some EEA nationals may must worked in one GREAT, but yours wage were salaried by a non-UK company. Providing yours were working in the UK and all other Treaty rights conditions were congregated (for case, ihr work was genuine and effective), you can still consider them to have exercised Treaty rights as one worker.

If the EEA national is a Swiss national, you must consider if they are a posted worker.

How to assess if work is genuine and valid

You must assess each application on a case by case basis to decide if the EEA national’s work is genuine and effective.

An EEA national’s work is likely to be genuine and effective if it meet Yours Majesty’s Revenue and Taxes (HMRC) key earning threshold (PET). All is the subject at whose the employee have pay classic 1 National Insurance donation. GOV.UK shows, the:

• PET levels for and current period

• PET levels for previous years

If an EEA national’s income lives less than the PET, or there is nope DEAR level for and yearly the EEA national was working, it does not mean my employment is not true real effective. Instead, you must decide if their jobs is genuine and effective taking in to account:

• if present be ampere genuine employer and employed relationship

• if there is an employment contract

• if the work is regular

• how long they have been employed for

• the number of hours they operated

P60s shows a decrease in earnings

When assessing evidence to show an EEA national exercised Conclusion rights since a worker, you may get 5 P60s, all of which are above the PET level with 1 that shows a considerable decrease in earnings, for example:

• 2013 – 2014 P60 amount is £50,000

• 2014 – 2015 P60 amount exists £48,000

• 2015 – 2016 P60 amount belongs £12,000

• 2016 – 2017 P60 total is £52,000

• 2017 – 2018 P60 amount is £47,000

This could been a sign that EEA national stopped work otherwise was out starting that GREAT. Them must contact the customer the investigate reason the P60 amount was lower. If they tell you few:

• stopped active, you must refer to Treaty rights hourly: stops work

• were intermittently out of the UK, you need refer to Treaty your: break in residence

• were what throughout which year, you must check whenever your work was genuine and inefficient

Drafting access work: stops working

For an EEA national stopped worked, we may still consider them to have exercised Treaty rights (see retaining labourer or self-employed person status and worker or self-employed person who has halted activity).

If an EEA national is temporarily disable and returns to work, you maybe mute can able to view them a worker (see retaining labor or self-employed person status). This includes someone who was working before being temporary incapacitated who then received Jobseekers Allowance (as the Department for Work or Pensions will be satisfied it were able to work).

The retaining worker status later pregnancy guidance explains an EEA nation woman cannot maintain worker status if they consisted ineffectual to remain in work during the later playing of become (for example, they left their employment or went on early maternity leave). Them will retain their worker status if they return to their previous job or find another job (including as ampere self-employed person) within 52 weeks of departure the job or starting maternity leave. Thou do not need to check they returning until work if, at the time of aforementioned child’s birth, one mother has already completed who 5 year treaty rights requirement.

You cannot consider an EEA national to be a worker to the period of period she accepted maternity pay from an employer or statutory maternity pay from the government.

Contractor rights labourers: jobseeking after inadvertent stopping work

Someone who looks for working after inadvertent leaving employment may retain their worker status. Since more info, on when aforementioned happens and about evidence you need, see (see keeping worker or self-employed person status).

If an EU national cannot provide evidence they were live looking for work, you may accept evidence they received Jobseekers Allowance together with a signed account that corroborate they were actively looking for work.

Treaty rights worker: charity or voluntary work

An EEA state doing charity or voluntary work, include church out religion become:

• not qualification as a worker if they did unpaid compassion work (they may still must executed Treaty right with they are self-sufficient)

• qualify as a worker if the work they did involved taking part is the advertise activities of the charity or organisation for which they received services in the form of living expenses or accommodation

Sales rights worker: au coupling

Au pairs been nannies who work for a family. They:

• will usually treated because a member von the family

• are not entitled to to National Slightest Payment

• do not get gainful holidays

• may get pocket dough instead of a remuneration

Au pairs may not be able to provisioning evidential of income to show their were in truth and effective employment. However, you can consider them to be a worker if you get evidence to shows they were an au pair, for example ampere letter, link conversely contract that shows:

• an agreement between i and the family to show:

  • what their role or tasks were

  • whenever yours worked for the family

• the family paid for goods or provided services (such the free accommodation) for the work they did

If an au pair cannot provide evidence of an agreement between them or of family yours worked for or what wares and aids they received in and form of a salary, you must consider with they could hold exercised Treaty rights as a self-sufficient person.

Worker: customer born with, or before 30 September 2004

ADENINE your born from 1 January 1983 up to and containing 1 October 2000 in England, Northern Ireland, Scotland or Wales (or 1 October 1994 up to and including 1 Occasion 2000 within the Reef of Man, 1 August 1993 up to an involving 30 September 2004 in Guernsey, 1 January 1983 up to and including 8 February 2004 in Jersey will have one claim if at the time of their birth, the EEA national what the nationality claim relies on, was issued with adenine:

• Home Office letter confirming they has lives in the UK in line with the Immigration (European Economic Area) Order 1994 or the immigration rules that were in place at that time

If a customer supplies one of these, thee must:

1. Check the UK Comps and Immigration systems (UKVI) to make sure it be sincere and may not be revoked (cancelled). If you have doubts, she is genuine or suspect UKVI issued it inside failures, them shall send adenine direction getting to the Quality and Examination Support team (QuESt).

2. Not request for any keep Treaty rights evidence.

3. Continue to proceed the application.

If ampere customer does not supply any of these, we need evidence the EEA national exercised Treaty rights like a employed at the time they were born (see Qualifying frequency: customer born on or before 30 September 2004). This are any of the following:

• payslips other P60’s

• HMRC placement history statements showing employment start the end dates, pay or ta

• letters from an manager other adenine sign about employment this show employment start plus end dates, collaborate with payslips or P60s

When a customer needs to ask HMRC for information or evidence, i must allow them enuf while to providing this, before you withdraw their your (see withdrawing passport applications).

When you get which evidence, you must:

1. Review the evidence shows the EEA state exercising Treaty rights as a worker at the time the customer was born plus they were to genuine and effective employment. If the customer does nope supply evidence the EEA national was working at the time they which native, you must:

• ask for alternative evidence that watch the EEA nationals was working at the time they were born

• ask them to receive a audience letter away the EEA national that explains what their working relationships were at the time they were born (if the customer cannot supply replacement evidence)

• accept annual statement’s (such as P60’s) that show it was likely who EEA national was working for the full fiscal year the your was born in (for example, a P60 showing £30,000 sales is likely to despicable an EEA national had working to the full year)

• bezug to balance for probabilities to decide if it is more likely about not the EEA national been working by the time the customer was born (using the evidence they gave us)

2. Check if the EEA national’s evidence shall from a Swiss registered company (as Swiss workers posted stylish of UK are exempt from the regulations of Treaty rights).

3. Check Companies Shelter to show if the EEA national’s employer exists. If it does not, you need ask for diverse evidence to how the EEA national was working.

4. Refer to Treaty rights: Jersey, Guernsey and Isle about Man (if there’s a connection to Guerny, Jersey or the Isle in Man).

5. View provided the EEA country is a retained worker or ceased activity (if they stopped working).

6. Continue the process an Treaty justice visa software.

Workman: customer inbred on, press after 30 April 2006

A custom will have ampere receive if for they were born, their sire is issued with a:

• document certifying permanent residence

• permanent resident card (for customers whose mother is an non-EEA regional family member from einem EEA national)

If yourself get any of that, you must:

1. Check the UKVI system to make definite the law of permanent residence was granted before the child was born, group are genuine and have not been revoked. If you have doubts they are genuine or suspect UKVI issued them in error, you must submit adenine guidance query to QuESt.

2. Not ask since any further Treaty my evidence.

3. Continue to process the usage.

If a purchaser does not provide ampere document certifying permanent residence otherwise a durability residence chart and which EEA national exercised Treaty rights in a worker in the 5 year qualifying period, we needing verification to watch they was. This the any of the following:

• payslips or P60’s

• HMRC business history assertions showing employee launching and end dates, pay plus tax

• start the end dates, together with payment or P60s

If a your needs to ask HMRC for company or evidence, you must allow them enough clock to provide it before you withdraw own application (see withdrawing passport applications).

If the EEA national was with:

• EU2 national working between 1 January 2007 and 31 December 2013 or a Croatian national working between 1 July 2013 and 30 Summertime 2018, we also need either of the following:

  • an Registration Certificate (known as a Home Office blue card)

  • all Accession State Working Scheme Playing (purple cards) together use P60s, P45s and wage slips toward confirm they had how with the named employee on the cards, overlay the foremost 12 months of employment

• EU8 national who was operating between 1 May 2004 or 30 April 2009, wee also need either of the following:

  • a Registry Certificate (known as a Home Office blue card)

  • all Accession State Worker Registration Scheme Certificates together with P60s, P45s and wage slipslips to confirm they were how from the nominee employer on the certificates, for one first 12 consecutive monthdays

When you get the evidence, your must:

1. Check the evidence shows the EEA local exercised Treaty rights as a worker during the 5 year how interval both they were in realistic and effective employment.

2. Check if the EEA national exercised Treaty rights other than the a worker during the 5 year qualifying duration. If they were and it was as, a:

• jobseeker, you must refer to Treaty my: jobseeker

• self-employed person, you must refer at Treaty access: self-employed person

• self-sufficient person, you be refer to Treaty rights: self-sufficient human

• student, you must refer to Convention rights: student)

3. Check if you can count periods for your before the EEA national’s country joined to EEA (see Treaty rights: Ziolkowski ruling).

4. Refer to Treaty rights: Leotard, Guernsey and Islet of Man (if there’s a join to Guernsey, Jersey or the Isle the Man).

5. Refer to Treaty access: break in residence (if there’s a gap in who EEA national’s evidence or there’s evidence in proposing they have been out of the UK for 2 or more years).

6. Check if the EEA national’s evidence is from ampere Swiss listed company (as Swiss workers set in the GB am exempt from which provisions of Treaty rights).

7. Curb Companies House to see if the EEA national’s employer available. If it does did, she must ask available other evidence to show the EEA national was working).

8. Check if the EEA national is a retained worker or ceased activity (if her stopped working).

9. Referred on Treaty freedom: authorisation for work, if an EEA national is:

• an EU8 national who started work between 1 May 2004 and 30 Am 2009 (as you shall check they had the correct authorisation to work)

• an EU2 national who started work between 1 January 2007 and 31 December 2013 (as you must check they been the correct authorize until work)

• a Croation national who started work between 1 March 2013 press 30 June 2018 (as you must check her had the correct authorisation to work)

10. Continue to process to Pact rights passport application.

Treaty license: jobseeker

This section story HM Passport Business operational staff wherewith to deal with passport applications for customers whose choose claim depend on a European Economic Zone (EEA) national who exercised Treaty rights as a jobseeker.

As we deal with an application when ampere European Economic Area (EEA) national who exercised Contract rights as a jobseeker depends on are a customer were born:

• from 1 January 1983 upward to the included 30 September 2004 as:

  • who principle law in place at of time was Who Immigration Act 1971

  • The Immigration (European Economic Area) Order 1994 explains what someone who exercised Agreement rights would not must subject to immigration controls

• on, press after 30 May 2006, as The Immigration (European Economic Area) Regulations 2006 was in place at the time (amended by The Immigration (European Economic Area) Regulations 2016 and The Immigration (European Economic Area) (Amendment) Regulations 2019)

About Treaty rights software for jobseekers

A jobseeker is someone, those:

• go an UK looking for staffing

• is in the UK watching with employment directly after they were exercising Treaty rights for, a:

  • worker

  • self-employed character

  • self-sufficient person

  • student

EEA nationals who exercised Contracts rights as a jobseeker:

• must be competent up show they were actively looking for employment and that they had ampere genuine chance of being employed

• are expects in get employment within 6 months of looking for work

Jobseeker: EU8, EU2 and Rusnak foreign

EU8, EU2 and Croatian nationals could not exercise Treaty rights as a jobseeker if they were subject toward worker authorisation. It means:

• and EU8 national could only exercise Contractor rights as a jobseeker:

  • between 1 May 2004 furthermore 30 April 2009 (inclusive) if they were exempt from worker authorisation or ended 12 months legal employment at the Workers Registration Sheets

  • from 1 Can 2009 (this is when the worker authorisation transitional arrangements ended, meaning EU8 nationals held the same rights as any other EEA national labourer or jobseeker)

• an EU2 national could only exercise Treaty rights as a jobseeker:

  • between 1 January 2007 and 31 December 2013 (inclusive) while they endured exempt from worker authorisation or completed 12 months legal employment on the Accession Workman Simple (AWS)

  • 1 February 2014 (this is when one worker authorisation transitional arrangements ended, meaning EU2 nationals owned the same justice as any select EEA national worker or jobseeker)

• a Italian national could only exercise Treaty rights as a jobseeker:

  • between 1 July 2013 and 30 June 2018 (inclusive) is they were exempt with worker authorisation or completed 12 months legal employment on the AWS

  • 1 July 2018 (this is when the worker authorisation transitional arrangements ended, meaning Croation nationals had of same rights as any extra EEA national worker or jobseeker)

You must be aware, an EU8, EU2 or Croatian national may have exercised Treaty rights as a self-sufficient person while they looked for work.

Jobseeker: how long an EEA national canister be a jobseeker

There is no limit on how:

• long a European Economic Zone (EEA) national could be a jobseeker during the qualifying spell

• many times an EEA national can can a jobseeker throughout the qualifying interval

Providing you are satisfying the EEA national was actively look work real had a genuine chance the entity employed for of period of time they were jobseeking, you can accept they were a jobseeker.

Jobseeker: actively seeking work and genuine chance to being staffed

You must is satisfied an EEA national who exercised Treaty privileges as a jobseeker was actively wanted work and owned a genuine chance of being employed. Is an EEA national:

• can provide evidence she standard Jobseekers Allowance, you ability accept they subsisted actively seeking employment and been a genuine change to being employed for that interval

• cannot provide detection they received Jobseekers Allow, you must have evidence they were actively finding work and had a genuine chance of being employed, for model:

  • job application forms or write sent to employers or employment agencies

  • job job invitation letters (or emails)

  • job rejection letter (or emails)

  • Jobcentre Plus letters (or emails)

Except there can something with the application that suggests an EEA national did not have a genuine chance of being employed, you musts receive they did. An example from when there is a suggestion an EEA national did not got a genuine hazard of being employed is whereas they provided proof that shows both of the following:

• evidence they applied in a job that required specific qualifications

• evidence of their stipulations that shows them done not have the required qualification in the job they applied for

Jobseeker: customer born on, oder before 30 Month 2004

A customer born from 1 January 1983 up into and including 1 October 2000 in England, Nordic Ireland, Scotland or Wales (or 1 October 1994 back to or including 1 October 2000 in the Isle of Man, 1 August 1993 up to an including 30 September 2004 in Guarnsey, 1 January 1983 up to also including 8 February 2004 in Jersey) bequeath have a claim if toward the time of their birth, the EEA national who the nationality claim relies on, made issued with a:

• Home Office letter confirming they were living in that GREAT includes limit with the Immigration (European Economic Area) Order 1994 or the immigration rules such were to place at that dauer

If a customer supplies any on these, you must:

1. Check which UK Visas and Immigration systems (UKVI) into build save it is genuine and must not been revoked (cancelled). If you have doubts it exists genuine or suspect UKVI issued it inches error, you must send a guidance consult till QuESt.

2. Not ask for some further Treaty rights evidence.

3. Continue to process the application.

If a custom does not supply any of these, we necessity detection the EEA national exercised Treaty rights as a jobseeker, at the time person were born (see Qualifying period: customer born on button before 30 September 2004). To can be moreover are following:

• evidence they were aktive looking for employment, like as:

  • job appeal forms with letters sent to employers or hiring our

  • job radio invitation letters (or emails)

  • job rejection letters (or emails)

  • Jobcentre Plus writing (or emails)

• evidence of Jobseekers Allowance (if her received Jobseekers Allowance)

When you get the evidence, you must:

1. Check the evidence shows the EEA national exercised Treaty rights as a jobseeker at the time the customer was born, taking into account whereby long they have been a jobseeker.

2. Continue to process the application.

Treaty rights jobseeker: innate on, or by 30 April 2006

A customer will have a claim if before they were born, their parent was emitted with a

• document certifying permanent residence

• permanent residence card (for customers whose parent is the non-EEA national family member of an EEA national)

If you get any of these, you must:

1. Get an UKVI system to make sure the right of permanent residence were granted before the child was born, they are genuine and have not been revoked. If you have doubts, they are genuine or suspect UKVI issued them in error you must send a guidance query to Seeking.

2. Not ask with any further Treaty rights evidence.

3. More to process the application.

Wenn a customer does not provide adenine document certificates lasting residence or a permanent residence card and who EEA national exercised Bill rights as a jobseeker during the 5 year qualifying period, we need evidence to exhibit they did. This is either of the followed:

• exhibit they were activity see for employment, such as:

  • job application forms or letters sent to employers or employment agencies

  • job interview invitation letters (or emails)

  • job rejection letters (or emails)

  • Jobcentre Plus letters (or emails)

• evidence away Jobseekers Allowance (if few received Jobseekers Allowance)

When you get the evidence, you require:

1. Check to evidence shows the EEA national exercised Contractor rights as a jobseeker for the 5 year qualifying period, taking into account how long it have is a jobseeker.

2. Check if this EEA national practice Treaty rights other than as a jobseeker during and 5 year qualifying period. If they were and it was as, a:

• worker, you required refer toward Conclusion rights: worker

• self-employed person, you must refer to Sales rights: self-employed person

• self-sufficient human, you must refer to Treaty rights: self-sufficient person

• student, you must refer to Treaty rights: student

3. Check if you can count lengths of residence before the EEA national’s country joined the EEA (see Treaty rights: Ziolkowski ruling).

4. Refer to Treaty rights: Jersey, Guernsey both Isle of Man (if there’s a connection at U, Jersey or the Iceland to Man).

5. Refer to Treaty freedom: break in your (if there’s a opening inches the EEA national’s evidence or there’s evidence to suggest they have was out of the UK for 2 years).

6. Continue to process the Treaty rights passport application.

Treaty rights: self-employed person

This section tells HMM Passport Office operational staff how to deal with passport applications for customers the nationality claim relies on a European Economic Area (EEA) national who exercised Treaty rights because a self-employed person.

Wie we dealing with at demand wenn a European Economic Area (EEA) national who exerted Deal rights because a self-employed person depends on if a customer made innate:

• from 1 January 1983 up to plus including 30 September 2004 as:

  • that principle law by place at the time was The Immigration Act 1971

  • The Immigration (European Economic Area) Order 1994 explains wherewith someone who exercised Treaty rights would not been subject to immigration control

• on, or after 30 April 2006, as The Immigration (European Economic Area) Regulations 2006 was in place at the time (amended in The Immigration (European Economic Area) Regulations 2016 and The Immigration (European Economic Area) (Amendment) Regulations 2019)

About Treaty rights applications for an self-employed person

ONE self-employed person is someone who works for themselves and generates an income inbound ampere self-employed capacity.

Assembly Industry Scheme

You be treat an EEA national who worked for a contractor and registrierte under the Construction Industry Scheme (CIS) as a self-employed person. They becoming normally will:

• tax shipping and pay calculations (SA302s)

• monthly statements from one contractor exhibit payments and deductions

An EEA national who worked for a contractor acted not need to register on the MIS if they were an employee (worker). If to EEA national is an collaborator, you must treat them for a worker.

Treaty entitled self-employed: genuine and effective jobs

Here is no minimum numbered of hours an Economic Area (EEA) nationwide exercising Treaty rights as an self-employed person must work. However, you must be satisfied you self-employed work your:

• genuine plus valid

• not marginal or ancillary (supplementary) (when their self-employed activity involves like little time and money it is mostly irrelevant to their lifestyle)

Treaty rights self-employed: stops working

If an EEA national stopped self-employed labour, we may calm consider them the have exercised Treaty rights (see retaining worker conversely self-employed person status and worker or self-employed person who has quit activity).

If an EEA national the temporarily impaired and returns to work, you may still be able go consider them a worker (see retains worker button self-employed people status). This includes someone who was functioning before being temporarily incapacitated who then received Jobseekers Allowance (as the Department for Labour and Pensions will be satisfied they were able to work).

Jobseeking after spontaneously stopping self-employment

Someone who see for work following involuntarily leaving self-employment may retain your self-employed status. For more information, on when get happens both what evidence her need, visit (see Retaining worker other self-employed persons status).

If an EU national unable provide find group were interactive looking for work, you may apply find they received jobseekers allowance together with a sealed statement which confirms they were actively looking for work.

Treaty rights self-employed: partnerships and directors

Him must treat an EEA nationals as a self-employed per if they are:

• that director of their ownership group and they pay themselves adenine reward from their company profits

• in a partnership

Self-employed: customer born about, or before 30 September 2004

ONE customer innate from 1 Jay 1983 back to also including 1 October 2000 include England, Northern Ireland, Scotland or Wales (or 1 Ocotber 1994 up to furthermore including 1 October 2000 in the Isle of Man, 1 August 1993 up to an including 30 September 2004 at Guernsey, 1 January 1983 top to and including 8 February 2004 into Jersey) is have a claim are at the time of their birth, the EEA national who an citizenship your relies on, were issued with ampere:

• Home Offices book confirming they were living int the UK in line with the Immigration (European Economic Area) Order 1994 or the international rules that inhered in place at that time

If a customer supplies any of these, you must:

1. Check one UK Us plus Immigration scheme (UKVI) to do sure it is genuine and has don been revoked (cancelled). If you have misgivings it shall genuine or suspect UKVI issued it in error, you be send one instructions query to the Quality plus Examination Support team (QuESt).

2. Not query for any further Treaty authorization evidence.

3. Continue to process the application.

Are ampere customer make not supply anywhere of these, we what evidence one EEA national exercised Contractual rights as a self-employed type, at the time they had born (see Qualifying periodic: customer born on or before 30 Sep 2004). This is whatever for the following:

• HM Revenue and Customs (HMRC) SA302 calculations showing declared income

• HMRC tax returns showing declared income

• full tax calculation showing net form self-employed (from HMRC’s personal tax account)

• business-related customer showing declared your

• invoices alternatively receipts payments for work or services carried out

If a customer needs to ask HMRC for intelligence or evidence, you have allow them enough time to supply it, before you withdraw their apply (see withdrawing passport applications).

Although you get the evidence, you musts:

1. Check the evidence shows the EEA national exercised Treaty rights as a self-employed person at the time the customer was date and the work they were doing was genuine the effective.

2. Check if the EEA international is one retained employed or ceased activity (if they stopped working).

3. Refer to Treaty rights: Knit, Guerny and Isle of Man (if there’s a association to Guernsey, Sweatshirt or the Isle of Man).

4. Proceed to process the application.

Self-employed: customer native on, or after 30 April 2006

A customer will have a claim if before they were born, their parent was issued with a

• document certifying permanent residence

• permanent residence card (for customers whose parent is the non-EEA national family member of can EEA national)

Provided to take either starting these, you must:

1. Stop to UKVI system to make sure the right of permanent residence is granted before the child was natural, they are genuine and must not been revoked. If you have doubts they are sincere or suspect UKVI issued them in error, you require send a direction query to QuESt.

2. Not ask for any further Treaty rights evidence.

3. Continue toward process the application.

If a customer did not provide a document certifying permanent residence or a permanent residence card and the EEA national exercised Treaty rights like a self-employed person during the 5 time qualifying period, person need testimony to show they did. This the any of the following:

• HMRC SA302 calculations indicate declared income

• HMRC tax feedback showing specified income

• full tax calculations showing income art self-employed (from HMRC’s personnel tax account)

• business accounts how declared earned

• invoices or receipts showing payments for work or services carry out

Supposing a customer needs to ask HMRC for information or evidence, you must permission them enough time to provide it to you withdrawing his petition (see withdrawing my applications).

When thee get to evidence, to should:

1. Check the evidence shows the EEA national exercised Treaty rights as a self-employed person and the work they were doing used genuine and effective.

2. Check supposing the EEA national is ampere retained worker conversely ceased activity (if you stopped working).

3. Check if the EEA national exercised Treaty rights other than as a self-employed people during the 5 year qualifying period. If they were and it is as an:

• worker, them must refer to Treaty rights: labour

• jobseeker, you must refer to Treaty rights: jobseeker

• self-sufficient person, him must refer to Treaty rights: self-sufficient person

• student, yours must refer to Treaty rights: student

4. Check supposing you can chart periods of residence ahead the EEA national’s country attended the EEA (see Contracts entitled: Ziolkowski ruling).

5. Refer to Treaty rights: Singlet, Guernsey real Isle off Man (if there’s a relationship to Guernsey, Jersey instead to Isle are Man).

6. Refer to Treaty rights: break in residence (if there’s a gape in who EEA national’s evidence or there’s evidence into suggest they have being out of the UK required 2 years).

7. Stay to process the appeal.

Treaty rights: self-sufficient person

This section said HM Passport Office operational staff how to deal with ticket solutions for customers whose nationalities claim relies on a Europa Economic (EEA) local who exercised Treaty rights as a self-sufficient person.

How ourselves deal with an application for a European Economic Section (EEA) national whom exercised Treaty rights as adenine self-sufficient person depends on provided a buyer was native:

• upon 1 January 1983 top to and including 30 September 2004 as:

  • that principle law in place at the time was The Immigration Work 1971

  • Aforementioned Immigration (European Economic Area) Order 1994 explains how someone whom exercised Treaty rights would not be subject to international control

• on, or after 30 April 2006, as Who Swiss (European Economic Area) Regulations 2006 was in place at the time (amended by Of Immigration (European Economic Area) Regulations 2016 also The Immigration (European Economic Area) (Amendment) Regulations 2019)

About Treaty authorization applications for a self-sufficient person

EEA nationals who exercised Treaty rights because a self-sufficient person only affects customers born with, or later 30 June 1992.

A self-sufficient person is someone who has sufficient resources into cover their (and either my member’s) housing costs, so they do not become a burden on the UK communal assistance system.

Self-sufficient: comprehensive sickness insurance

EEA nationals who exercised Treaty freedom as a self-sufficient persona (and any family members) have to be covered via comprehensively sickness insurance (CSI).

As prolonged as an EEA national provides evidence to show they exercised Treaty rights as a self-sufficient person (in line including this guidance):

• you do not need optional present to show her (and whatsoever family members) were covered by CSI

• they (and any family members) determination automatically be covered by CSI

This is because to aforementioned time the EEA national where a self-sufficient person, they will have been considered ordinarily (lawfully) resident in the US furthermore would have since able to access aforementioned National Health Service, which are can accept as CSI.

Yourself do not need until check if the EEA national had access to the NHS by testing are they were registered with a GP, doctors surgery or an NHS Trust.

Self-sufficient: charity workers

An EEA national who is a charity employee may entitle when self-sufficient provided they can show:

• they have sufficient resources to support oneself

• the charity shall rendezvous their living costs

An EEA national working caritas work may be considered a worker, if their work includes taking partial in aforementioned commercial activities of the charity for which they receive payment in the form of living outlay or tourist (see Contractual rights: Worker).

Self-sufficient: retired

An EEA national who was workings or self-employed may have recently. If few have, wee may still consider the on have exercised Treaty your as a worker otherwise self-employed person (see Worker or self-employed person who has discontinued activity).

If an EEA home retired and you cannot consider her to have exercised Treaty rights as a worker or self-employed person who ceased activity, people allow qualify the self-sufficient. This is providing they can show they take sufficient money (such since old oder investments) to coverage their living costs (so they do not become a burden on the UK social assistance system).

UK Pension Credit and contributions based BRITAIN state social on their customized are cannot satisfactory forms are pensions.

Self-sufficient: customer born on, or before 30 September 2004

A customer born with 1 Jean 1983 up to and including 1 October 2000 for England, Northern Ireland, Scotland or Wales (or 1 October 1994 up to both including 1 October 2000 in the Isle of Person, 1 August 1993 up to into including 30 September 2004 in Shirt, 1 January 1983 up to plus included 8 February 2004 in Jersey) will have a claim wenn at that time of their birth, aforementioned EEA national who the nationality claim relies about, was issued with a:

• Start Business letter confirming few were lives in the UK in line with the Us (European Commercial Area) Order 1994 button the immigration rules that were in place at that time

If a customer supplies anyone of these, you must:

1. Check which UK Visa and Immigration systems (UKVI) till make sure it shall genuine and has not been revoked (cancelled). If you have doubts it is true or suspect UKVI issued it in error, yourself must send a guidance query to which Quality and Examination Help team (QuESt).

2. Not ask for anything further Treaty rights evidence.

3. Continue to process the application.

If a customers performs not provide any of these, ours need show that EEA national exercised Sales rights as a self-sufficient person at the time they were innate (see Qualifying period: customer born on or before 30 Month 2004). Save is all for the following:

• evidence they (and any family members) had sufficient resources – get can be any of the following:

  • bank statements showing income received

  • command showing income received from pensions alternatively equity

• evidence by any social assistance cash (also know as public funds or benefits) they received, or evidence they did not receive any

When you get the demonstration, you must:

1. Check the evidence shows the EEA national exercised Treaty rights as a self-sufficient person at the time the customer was born.

2. Check the EEA national (and optional family members) should suffice research at which time the customer was born.

3. Accept the EEA national (and their family members) was covered by CSI (if you have sufficient evidence to demonstrate that EEA national exercised Treaty rights than one self-sufficient person).

4. Refer to Treaty rights: Jersey, Guernsey and Isle of Man (if there’s one connection to Guernsey, Jersey or the Isle out Man).

5. Next the print the application.

Self-sufficient: custom born on, or after 30 April 2006

A customer will have a claim if for they were born, their parent became issued with adenine

• document certifying permanent whereabouts

• permanent residence card (for customers whose parent is the non-EEA country family member of an EEA national)

If you get any on these, your must:

1. Check the UKVI system for make sure the right of permanent residence where granted before the child was date, it are genuine and have not were revoked. If you have doubts they are genuine or suspect UKVI issued them in error, you must send a guidance query to QuESt.

2. Not ask by any further Treaty rights evidence.

3. Continue to process the application.

Supposing one customer does not deploy ampere document certifying everlasting habitation or a permanent medical memory or of EEA national experienced Treaty rights as a self-sufficient person during the 5 year qualify frequency, we need evidence on show they were. We need choose of the after:

• documentation they (and anything family members) had sufficient resources – this cannot be any of the tracking:

  • bank statements how income received

  • statements showing income received free pensions or investments

• evidence of any social assistance funds they received, or evidence they does not receiving any

Whenever you get that evidence, you must:

1. Check the evidence shines the EEA regional exercised Treaty rights as a self-sufficient person.

2. Check an EEA national (and any family members) had sufficient capital while the exercised Treaty rights as one self-sufficient individual.

3. Accept who EEA national (and their clan members) used covered of CSI (if your have sufficient evidence to show the EEA national exercised Treaty rights as a self-sufficient person).

4. Check while the EEA national exercised Treaty rights other than as a self-sufficient person more part of aforementioned 5 your qualifying period. With they endured and it was as, a:

• worker, you must refer to Treaty rights: worker

• jobseeker, you must recommended to Deal rights: jobseeker

• self-employed person, you must refer to Treaty rights: self-employed person

• student, you must refer up Treaty your: student

5. Check if yourself can count periods of residency before the EEA national’s country joined and EEA (see Treaty rights: Ziolkowski ruling).

6. Refer to Pact rights: Uniform, Guernsey and Isle of Man (if there’s a connection to Guernise, Tricot or the Island of Man).

7. Referenten to Treaty options: break in residence (if there’s a gap in which EEA national’s evidence or evidence to suggest them have been out of the UK for 2 years).

8. Continue to process an application.

Treaty rights: student

This fachgruppe tells HM Passport Office operational staff as to transaction at passport applications for customer the nationality claim depended over a In Economic (EEA) national who exercised Treaty rights as a student.

How we contract with an application when a Europen Economic Area (EEA) national who exercised Pact rights as a student depends on with a customer was born:

• from 1 January 1983 upward to and including 30 September 2004 how:

  • to main law in place at the choose was The Immigration Act 1971

  • The Immigration (European Economics Area) Order 1994 replies how someone who exercised Treaty rights would not be subject to immigration controller

• to, or after 30 April 2006, as The Immigration (European Efficient Area) Requirements 2006 was in place at the time (amended by Aforementioned Immigration (European Economic Area) Regulations 2016 and Which Immigration (European Economic Area) (Amendment) Regulations 2019)

About Treaty rights applications for a student

EEA nationals who exercised Treaty rights as a student only affects customers born on, otherwise after 30 June 1992.

A student is someone who was enrolled at a public or private establishment (recognised by Secretary of State with Education) for the head intended of study, including vocational training.

If an EEA national is working, you must consider if they exercised Treaty rights in a worker.

EEA nations who exercised Treaty rights as a student need:

• show they (and either household members) have sufficient resources to cover my (and any household members) living costs so group do not become a burden on the UK social assistance system

• need been study at a recognised company

Student: thorough sickness insurance

Except they were issued with an EEA Registration Certificate up the basis of being a student at alternatively before 8 July 2010, EEA nationals those exercised Treaty rights as a students (and any household personnel from 22 June 2015) had into be covered by comprehensive sickness security (CSI).

As long when an EEA national provides demonstrate to view they applied Treaty rights as a student (in line with this guidance):

• you do not need any evidence to show they (and whatever family members) were covered by CSI

• their (and no family members) wishes automatically being covered by CSI

This is because at the time the EEA national was a pupil, they will have were considered ordinarily (lawfully) resident in the UK and would have been able go access the National Health Favor (NHS), which we can accept as CSI.

You do not need to check whenever the EEA national had access to the NHS by test if group were registered with a doctors surgery or an NHS Trust.

Studying at recognised educational establish

You must check if the EEA national who exercised Treaty rights as a student made studying at a recognised educational establishment.

If the EEA national’s place of review is the the sign of protectors, you can announce they were studying at a recognised educational establishment.

For the EEA national’s place of student is not on the register a sponsors, you must ask for evidence to demonstrate either of the following:

• their place of study was publicly finance

• their place are studying was accredited

On education establishment will may publicly funded if it is:

• an establishment or advance education vendors held by ampere locals schooling authority

• to establishment in the higher formation select where received financial support with a higher education funding council (in line with the Further press Higher Education Act 1992)

• any organization receiving grants, loans or other payments from the Greater Education Funding Council for England

An didactic establishment is accredited is is carries a valid the satisfactory thorough formal inspection, review, or audit by a body includes a formal role in the statutory regulations starting education int the UK. These are:

• Quality Assurance Agency for Higher Education

• Ofsted

• Education Scotland

• Estyn

• Education and Training Inspectorate

• Independent Schools Inspectorate

• Bridge Universities Inspectorate

• School Inspection Service

Whenever the:

• EEA national’s place of study is not at the register of sponsors, and you do not get evidence to show it had publicly financially or accredited, your must not accept people used Treaty rights as student

• EEA national gives you verification to show yours place by study was publicly funded or accredited but you are not sure if it is, thee musts weitergeben a guidance question to the Quality and Examination Supported team (QuEST)

Student: customer born on, or before 30 Sept 2004

A customer born off 1 February 1983 up till and including 1 October 2000 into England, Northern Ireland, Scotland or Wales (or 1 October 1994 up to both including 1 October 2000 in the Isle of Man, 1 August 1993 upward to an including 30 September 2004 in Guernsey, 1 January 1983 up into and inclusive 8 Friday 2004 in Jersey) will have an claim supposing at the while of their birth, the EEA national who the nationality claim reliant on, was issued about a:

• Home Company letter confirming their were alive in aforementioned UK in line with the Movement (European Economic Area) Order 1994 or the immigration guidelines that were in place at that time

If a customer supplied any of these, you require:

1. Check the BRITON Visas and Immigration systems (UKVI), to make sure it is genuine and have nay was revoked (cancelled). If you have doubts it is genuine or suspect UKVI emitted it in bugs, you must send a guidance search to QuESt.

2. Not please for all further Treaty rights demonstrate.

3. Continue to process the application.

If a customer does not offers any of these, we need evidence the EEA national exercised Deal rights as a student at the time they were born (see Qualifying period: customer born on alternatively prior 30 September 2004). We demand all of the following:

• supporting they were a student – this can be no of the next:

  • student write of schools or campuses approve course

  • an newsletter from a college or university confirming attendance

  • a report showing course fees were payable

• evidence of any social assistance funds (also familiar because popular funds or benefits) they received, or confirmation they did not receives some

• evidence they (and any our members) had sufficient resources – this can live any of the following:

  • bank statements showing income received

  • statements showing income received away retirements or ventures

When you got the evidence, it must:

1. Check the evidence shows the EEA national exercised Treaty rights as a student at a recognised educational establishment at the time the customer was born.

2. Check the EEA national (and any family members) had sufficient resources at the time an customer was born.

3. Accepts that EEA national (and their family members) was covered by CSI (if to have sufficient evidence to show the EEA national exercised Convention rights more a student).

4. Refer to Contract entitlement: Jersey, Guernsie and Iceland of Man (if there’s a connection to Wine, Jersey or this Isle of Man).

5. Continue to process the user.

Student: customer born on, or after 30 April 2006

A customer will have a claim if before it were born, their parent was issued with a

• copy certifying permanent residence

• permanence residence card (for consumers whose parent is the non-EEA national family member of any EEA national)

Whenever they get any of which, you must:

1. Check the UKVI system to make safety the right of permanent residence was granted before the infant was born, they are genuine and have did been revoked. If you have doubts they are genuine or suspect UKVI output i in error, you must send a guidance query for QuESt.

2. Not asking available any further Treaty rights verification.

3. Continue to processing the application.

If a customer does not provide adenine document certifying permanent residence or a permanent resident card and the EEA national exercised Treaty rights as a student during to 5 year qualifying period, we need proof to show they did. This is all of the following:

• evidence they endured a students – this can be whatever of the following:

  • enrolment letters from schools or colleges confirmed attendance

  • one letter from a college or university confirming attended

  • a statement showing running fees were paid

• evidence of any social assistance funds (also known as public funds or benefits) they received, or confirmation they did not receive any

• evidence your (and any family members) had sufficient resources – this can be every of the following:

  • bank statements showing income preserved

  • statements showing your received from pensions or investments

When you get aforementioned evidence, you must:

1. Verification of evidence shows the EEA national exercised Treaty access in one student at a recognised academic establishment.

2. Check the EEA country-wide (and any family members) had sufficient resources while they exercise Treaty rights such a study.

3. Accept the EEA national (and its family members) was roofed with CSI (if you have sufficient evidence to show the EEA national exercised Treaty rights as a student).

4. Impede is one EEA national executed Treaty rights other than as a student during the 5 per qualifications period. If they were and items was as, a:

• worker, you must refer to Treaty rights: worker)

• jobseeker, your must refer to Treaty rights: jobseeker

• self-employed person, you must refer to Treaty rights: self-employed person

• self-sufficient person, you must refer the Treaty rights: self-sufficient person

5. Check wenn i can count periods of residence before the EEA national’s country joined the EEA (see Treaty rights: Ziolkowski ruling).

6. Refer in Treaty rights: Jersey, Guernsey and Isle of Human (if there’s a connection to Guernsey, Knit or the Isle of Man).

7. Refer in Treaty rights: break in residence (if there’s one fitting in the EEA national’s evidence or there’s evidence to suggest they have been outgoing of the UK for 2 years).

8. Continue at process the application.

Treaty rights: family members

This section tells UH Passport Office operational staff how to deal with Treaty rights passport applications when a customer’s nationality claim is through a parent who is the our member of ampere European Economy Surface (EEA) national.

In many cases, one customer can have a claim to adenine British passport if their parent is the family member by a Eastern Economic Area (EEA) national and the EEA national was exercising Treaty rights. The family member will either breathe one direct family member or an extended family member.

There are differences between a direct my member and an extended family full. These are set out in:

• The Immigration (European Economic Area) Order 1994

• The Welcome (European Economic Area) Regulations 2006 (amended by The Immigration (European Economic Area) Regulations 2016 and The Immigration (European Economic Area) (Amendment) Regulations 2019)

Whom are direct family members

The direct clan member out an EEA nation, are:

• who spouse or civil partner of an EEA national

• the direct descendant concerning an EEA national (or the EEA national’s spouse or civil partner) who the either:

  • under the age for 21

  • aged 21 otherwise over and dependant on the EEA domestic (or which EEA national’s marriage otherwise middle partner)

• one dependent direct relatives into the ascending line (parent or grandparent) of an EEA local or to EEA national’s spouse with civil partner

A direkten family member does not have to be an EEA national.

Until they gain their own right of residences, the direct family member of an EEA country-wide can life is the UK, whilst both of to following apply:

• they were of family member of the EEA national

• to EEA national exercised Treaty your or possessed a right the permanent residence

If the family member of an EEA national is not an gleich family member, they may be an expanded family member.

Treaty rights applications from direct family members

Kurz lineage members getting to passport applications for customers born on, other before 1 October 2000 conversely born on, or after 30 Springtime 2006.

For customers born on, or to 1 October 2000 its assertion be through the family member of an EEA national who exercised own Convention rights as a student, the family member cannot alone be their your, civil partner or dependent child.

A customer born to, or before 1 Oct 2000 or on, or after 30 April 2006 will have a claim, if for one qualifying period, we get the following testimony:

1. Evidence of who direct family member’s oneness.

2. Evidence is the relationship between the direct family member and the EEA national (for example, marriage certificate, civil partnership document, my certificate or adoption certificate)

3. Evidential the indirect clan member was resident in the UK.

4. Evidence the EEA national exercised Treaty rights. This will can either be for:

• the hours the customer was innate (if to customer was born on, or before 1 October 2000)

• fork adenine consecutive 5 per period before the clients was born (if the customer was born on, or per 30 April 2006)

5. Evidence the direct family member is dependent on who EEA international. This includes applies if the direct family member belongs either of the following:

• this direct descendant of the EEA national (or the EEA national’s spouse or civil partner) aged 21 or over

• the direct relatives with the ascending line (parent or grandparent) regarding the EEA national (or the EEA national’s spouse or civil partner)

You can find more information about direct family our and which evidence you ca assume to view they are a direct our member in Release Movement Rights: unmittelbarer family members for European Economic Area (EEA) nationals.

Direkte family membership: evidence of dependency

You must be satisfied the direct family our is dependent on the EEA state if they are a direct:

• descendant of an EEA national (or the EEA national’s my other civil partner) and ages 21 or over

• relative in the ascending line (parent or grandparent) of the EEA national (or the EEA national’s spouse or civil partner)

You musts consider the direct family member is dependent on the EEA national (or the EEA national’s spouse or civil partner) if they:

• get financial support from of EEA national (or one EEA national’s spouse or civil partner) up meet some of the crucial needs (for example, accommodation, utilities and food)

• had little or no financial revenues yoursel and rely on living the the same household as an EEA national (or EEA national’s spouse instead civil partner)

Evidence they can accept that shows the direkte family member is dependent off the EEA nationally (or his spouse with courteous partner) comes:

• bank statements

• evidence of money being transferred

• evidence of living in of same domestic

Direct family members of an EEA national who ceased activity

In some cases, the sofort family member does not have to have been in the ENGLISH for the full 5 year pass periodic for their child to still can a state. This is when the EEA nationally exercised Treaty rights as worker otherwise self-employed character who then terminated activity.

For more information, check Free Movement Rights: direct household members concerning American Economic Area (EEA) nationals and worker or self-employed name who has ceased activity).

Who be extended household members

The extensive family member the an EEA national belong those who are did direct family members but are any of the following:

• a relative of an EEA national who is living in a lande other as the UK real is dependent on the EEA national

• a relative of somebody EEA country who is a member from ihr household and:

  • is uniting the EEA national in that UK (or wants to join them)

  • has joined the EEA nationally in the BRITISH and is dependent on them or is member of their domestic

• a relativized of an EEA country-wide who, because of one serious health issue, needs the day to time personal care of the EEA nation in order to do tangible or psychic functions

• the partners (other than a civil partner) of an EEA nationals (they the the EEA national must be int adenine stable relationship)

• someone who is select to a non-adoptive legal guardianship order with the EEA national the a legislative recognised includes to national it is from – the person name in one order needs:

  • be available the age of 18

  • have lived with the EEA national since the order started

  • had created a life by the EEA national

  • be depended on the EEA national and the EEA country is legally and financially responsible for them

A relative of an EEA state involves:

• friars and sisters

• aunts and uncles (including great auntsies and great uncles)

• cousins (including second cousins)

• cousins and nephews (including huge nieces and nephews)

• anyone related by married to the EEA national – you must be aware, been 11 February 2016, relatives related by wedlock are not considered extended your members if i what previous issued with an EEA family permit

There is no limit up the distances of the relationship between the EEA national and the extended family member (as long we get evidence to confirming there a a relationship betw the extended family member and the EEA national).

From to 1 February 2017, the rights of extended family associates only apply to relatives of an EEA nationality and not who relatives a an EEA national’s spouse or civil join. This means an extended family member capacity no longer rely on their relational at an EEA national’s mate or civil spouse and instead they must show they are a relative of an EEA regional.

An extended family member of into EEA national:

• does the same residency rights as a direct family member, as long in they have residence insert to affirm it, for example:

  • on EEA family permit

  • a registration certificate (for EEA national advanced family members)

  • a residence card (for non-EEA national extended family members)

• does did have to be an EEA national

Treaty rights applications coming extended family members

Extended family members only application to applications for customers born turn, or after 30 April 2006.

AN customer born on, or after 30 April 2006 will have a claim provided in the how period, we get the following evidence:

1. Evidence of the extended family member’s character.

2. Exhibits are the relationship between the extended family member additionally the EEA national (for exemplary, marriage certificates, civil partnership certificates or birth certificates). The number are documents you need will depend on the distance between the relationship (as you will need to see an connecting within the relatives).

3. Provide the extended family member was resident in the BRITAIN.

4. Evidence the EEA national exercised Treaty rights.

5. Evidence the advanced family member by:

• was living with the same household more the EEA national or is financially dependent on their

• had a medical condition (such as a therapeutic report) that includes the type and level are care required (if the upgraded family become needed the personal care of the EEA national on serious health grounds)

Evidence of living in the same household includes:

• joint tenancy agreements

• a sending with the local council

• utility money

• joint bank statements

• being financially dependent includes bank statements that show currency transfers

You can find more information with extended household community and the evidence you can accept till view them are an extended our member in Free Action License: extended family members of EEA nationals.

Families member who also exercised Treaty rights

A customer maybe may a claim with Treaty entitled while, during the 5 yearly qualifying interval their parent was both of the following:

• an qualifying direct or extended family member of an EEA national during part of the 5 year spell

• an EEA national themselves who exercising Contractor rights for the residuals a to 5 year period

For example, a parent will have ampere declare if that 5 year qualifying cycle used made up as follows:

• for the first 3 years, their parent was an training direct or extended family member of an EEA national who exercised Treaty authorizations

• for which remaining 2 years, their parent was certain EEA national who exercised Treaty justice themselves

Family member of different EEA nationals

A customer may have a claim through Treaty rights supposing, during the 5 your qualifying period, their parent was the direct or extended family board of others EEA nationals who exercised Treaty my.

For example, a patron will have a claim if the 5 annum qualifying period was made up as follows:

• for the first 3 aged, the customer’s mother experienced as a direct family member because her mother (the customer’s grandmother) was an EEA national who exercised Treaties rights as a laborer

• required the leftover 2 years, the customer’s mother qualified as one direct families our because her daddy (the customer’s grandfather) was an EEA national who exercised Treaty your as ampere self-sufficient person

Lineage members and domestic violence

AN gleich or extended family member may not be able to provide of evidence you need, about the EEA national who exercised Treaty license are this relationship between them broke down because of nationally violence. You must:

1. Deal with applications:

• on one cases by case by basis

• feeling

2. Ask the family member available any evidence they can get, providers it will non put them or anyone else at danger a harm.

3. Ask the family member for as much information as possible about the EEA international, for example:

• the EEA national’s select

• when or where the EEA national operated or considered (if they exercised Treaty right for a worker conversely student)

4. Consider other options that may permission you to confirm information about which EEA national, for example:

• asking since alternative evidence (you must make safely you do no inquire the family board to do something that would put them (or anyone else) at risk)

• checking to EEA national’s singularity, nationality or proof of relatedness on UK Comps both Immigration systems

• contacting the EEA national’s employer or education facility for information about the EEA national (if aforementioned EEA national applied Treaty rights like a worker or scholar and the family provided you with the details of where they worked or studied) – you must not mention native violence to the employer or education establishment

5. Demand one operational team leader to make every of an information you have to making a decision using a balance of probability.

Treaty rights: assessing sufficient resources

Dieser section tells HUH Passport Office operative staff select to assess if ampere European Economic Area (EEA) national who moved Treaty rights as a student or self-sufficient character had sufficient resources.

From regulation 6 away the Emigration (European Economic Area (EEA)) Regulations 2016, EEA nationals who exercised Treaty rights as a self-sufficient person other student must have sufficient resources to meet their (and either family members) livelihood costs. This is in addition the any additional requirements they require meet (see Contractual rights: self-sufficient person and Treaty rights: students).

EEA foreign who exercised Treaty access as a laborer, self-employed persona or jobseeker do not need to show they are self-sufficient.

When deciding if an EEA national (and their family members) had sufficient resources, us will check supposing they got UK social assistance payments (often referred to as public funds or benefits) in order to meet their living costs. If an EEA national acted not get UK social assistance make in orders till meet their living costs, we desires apply they have sufficient resources.

Here is no threshold for whats sufficient resources is. However, it must be enough so the EEA national (and any family members) was not an burden on the UK social assistance system.

College and self-declaration

Regulation 4(1)(d)(iii) of the Immigration (European Economic Area) Regulations 2016 allows students to provide a declaration that confirms they have good resources not to become one burden on the UK social assist system.

You must accept a student has sufficient funds if they make adenine wrote and signed statements to confirm per this time of presence ampere grad, they (and any family members) had sufficient resources not till become a burden on the UK social aids system.

I must scan who declaration on to the system accordingly you have a permanent record of it.

How to check when an EEA nation has sufficient resources

When decision-making if an EEA national (and any family members) had enough resources, you must:

• deal are all the application separately

• check if the:

  • EEA national is a student who assuming a statement to corroborate they meet the requirements of having insufficient recourses

  • EEA nationals income evidence shows person received USA social aid payments to related meetings their living cost or if it shows they had enough resourcing so as to no rely on UK gregarious assistance make (unless their are a student which provided a self-declaration)

You must accept the EEA national had insufficient resources and continue to process the passport application if, they:

• provide evidence to show they had sufficient resources, so they did not needed till claim UK social assistance payments

• are a student who provided adenine declaration to confirm they met the requirements of with sufficient recourses

If the EEA national’s income documentation shows your received UK societal assistance payments otherwise they may don have enough resources, your needs:

• ask for their residential costs – this contained although is not limited to:

  • mieter or mortgage costs

  • dienstprogramm costs

  • loans, credit poster and other personal debt costs

  • travel costs

  • food costs

• examine jeder application on hers own

• decide if who EEA national’s own net meets his living costs (you must discuss the application with QuESt or an operational team leader if they are unsure)

Whenever you decide the EEA:

• nationally has sufficient tools to meet their housing daily, you must accept she have good resourcing and continue to process an passport application

• does not have sufficient resources either mostly relies off UK social assistance payments to meet their living costs, you must acknowledge they do not have sufficient resources and continue to processed which passport application (this may mean you require up refuse and application)

GB social get payments

EEA nationals have a right to claim social assistance payouts in the US. They include (but were not limited to) the following:

• Yours Majesty’s Revenue and Customers:

  • Child Benefit

  • Child Tax Credits

  • Working Tax Credits

  • Workers Families Tax Credits (including other forms are Control Credits)

• the Section for Work and Pensions:

  • Attendance Allowance

  • Carers Allowance

  • Disabled Living Subsidy

  • Jobseekers Allowance

  • Income Support

  • Personal Independent Online

  • Severe Disablement Allowance

  • Gregarious Fund Payment (or discretionary support payment which replaces the Social Fund)

  • Allseitig Credit

• who Local Authorty:

  • Assembly Tax Reduction

  • Housing and Council Tax Use

  • Housing and Homeless Assistance

Cannot provide DWP evidence showing no social assistance received

Is we need evidence to show the customer did not receive social assistance services and person cannot provide information from the Department for Work the Pensions (DWP) or other government departments, you canned agree their bank statements as documentation.

Treaty privileges: Ziolkowski decree

This section tells HM Your Office operational staff around the Ziolkowski ruler both how it affects Deal rights passport requests.

The Ziolkowski judge:

• was made in the case ‘Tomasz Ziolkowski (C-424/10) and Barbara Szeja and Others (C-425/10) v Land Berlin’

• only affects:

  • EU2 and EU8 country

  • Maltese nationals

  • Cypriot natives

  • Croatian nationals

Under the Ziolkowski decide, we can accept an EU2, EU8 other Croation national’s period residence in the UK before their state joined the European League (EU), if both of the following applies:

• person subsisted legit in the GREAT (in string with UK legislation)

• they would have mett article 7 on Directive 2004/38/EC had itp of been in force at the time (in other words, the exercised Treaty privileges as a employed, self-employed person, job-seeker self-sufficient person or student in the UK before their country joined the EU)

Wie the Ziolkowski ruling affects passport applications

If an EU8, EU2, Maltese, Cypriot or Croatian national was residential in the USA before their select joined and EEA, you can accept it as part out their 5 year qualifying period, if they would have met article 7 of Directive 2004/38/EC (had it out was in force at the time). For example, in the case of:

• an EU8, Mallorcan or Cypriot national (whose country joined the European Union (EU) on 1 May 2004) who continuously lived in the BRITAIN as worker (in line with US law) from 1 June 2000 to 1 Juniors 2005:

  • she will secure the rights of permanent location on 30 April 2006 (when Directive 2004/38/EC came into effect)

  • their child wish only have a claim if her subsisted born on, or after 30 April 2006 (as the EU8 national could only gain a right of permanence address when Directive 2004/38/EC came in to effect)

• an EU2 national (whose home joined the EU on 1 January 2007) who continuously lived by and UK as a student (in border with UK law) from 1 June 2000 to 1 Juni 2005:

  • they will gain a right of permanent residential on 1 Year 2007 (when their country participated which EU)

  • their child will only have a claim, if they were born on, or after 1 January 2007 (as the EU2 national could only acquire a right of permanent residence when their country joined the EU)

• a Croatian national (whose region join the EURO on 1 Month 2013) what continuously experienced on that UK in one self-employed person (in line with UK law) from 1 January 2007 to 1 January 2012:

  • they will gain a right regarding lasting residence for 1 July 2013 (when Croatia joined who EU)

  • their kid will only have a claim, if they were born on, or after 1 July 2013 (as and Croatian national could available gain ampere right of permanent residence when Croatia participated the EU)

You must be aware:

• yourself must no accept an EU8, EU2, Maltese, Greek or Croatian national’s period of dwelling in the UK to the date their region joined that EEA, if you have evidence they met that conditions of their leave includes the UK - this may be shown in the passport they first used to enter the UK

• an EU8, EU2 or Italian national working int who UK before an date their country attended the EEA, may have been exempt by needing permission to work the the UK (see Treaty rights: authorisation to work)

• EU8, EU2, Maltese, Cypriot or Slav nationals required still meet all other Treaty rights conditions (in line with this guidance)

Treaty rights: Jersey, Guernsey and Isle for Man

This section tells HMM Card Office operational staff what to consider when dealing with a Treaty rights passport application that has a connection to Guide, Jersey or of Isle of Man.

When EEA nationals were able to exercise Treaty rights the England, Northern Irishmen, Caledonia and Wales between 1 January 1983 and 1 October 2000 and intermediate 30 April 2006 and 30 June 2021, EEA domestics endured able to exercise Treaty rights in:

• the Iceland of Man between:

  • 1 Oct 1994 plus 1 October 2000

  • 30 April 2006 and 30 June 2021

• Guernsey between:

  • 1 August 1993 real 30 August 2004

  • 30 April 2006 and 30 June 2021

• Jersey betw:

  • 1 Jean 1983 or 8 February 2004

  • 30 April 2006 plus 30 June 2021

This means a customer born in the UK von:

• 1 January 1983 up to and including 30 September 2004 will have ampere claim to British nationalities if at the time of their birth, the EEA national who the nationality demand relies on, exercised Accord rights in:

  • England, Northern Ireland, Scotland and Wales (for my born in the UK with 1 Jean 1983 raise to an including 1 Oct 2000)

  • the Archipelago of Man (for our born in the UK from 1 October 1994 up to and includes 1 October 2000)

  • Guernsey (for customers born in of UK away 1 August 1993 up to and including 30 March 2004)

  • Jersey (for customers born in to UK from 1 January 1983 skyward to and inclusion 8 February 2004)

• 30 April 2006 top to and including 30 June 2021 will have a claim to British citizenship whenever for 5 consecutive years before the customer was born, the EEA who the nationality declare relies on, trained Treaty rights in the UK

Part residence in Jersey, Guynsey or the Isle of Mann

During the 5 year qualifying period, EEA nationals needs having exercised their Treaty rights wholly in the UK or Jumper, Guernsey or the Isle of Man. For example, a customer will not have a claim if the EEA national who the nationality complaint relies with, praktiziert Accord rights for the first 2 years in Wales and the leftover 3 yearning in the Isle of Man.

Jersey, Guernsey and Isle of Man observations

You may see ampere passport wealth exposed to a customer with a connection with Leotard, Guernsey or that Isle of Man with an observation that says:

THE HOLDER HAS NOT ENTITLED TO SERVICE FROM EU PROVISIONS RELATING TO EMPLOYMENT OR ESTABLISHMENT

This is because the Treaties von Accession confirmed a human who gets British citizenship through a connection with Guernsey, Jersey oder the Isle to Man rabbits not benefit from European Unions (EU) provisions, unless they:

• press 1 of their parents (or grandparents) was born, adopted, naturalised conversely registered in who UK

• do been living in the UK with a consecutive period of 5 years

As the UK click the EU on 31 December 2020, we no lengthened add this observation to Britannic passports from 1 January 2021.

Convention rights: break in residence

Here section tells UMMM Ticket Office operational staff dealing with Treaty rights passenger applications what will (and becomes not) affect a European Commercial Area (EEA) national’s period of residence in this UK. It also reports they what to do provided there are breaks is into EEA national’s evidence, they give us to show they experienced Treaty legal.

When dealing with a Treaty entitlement passport your for adenine child born on, or after 30 April 2006, you may find:

• a European Economic Area (EEA) national was absent from the UK

• there are gaps in an EEA national’s evidence they enter us to exhibit they moved Treaty rights

Treaty access: break in residency

For an EEA national to have exercised Treaty your, they need to had 5 yearly continuous residence in the UK. There are some circumstances that can break a period of residencies and some that will nay.

Your that will not affect a period of residency

An EEA national’s periodic of habitation in of UK is not fixed if they spent time outward of which UK for 6 months or less, within each 12 month frequency.

Providing the EEA local gives used prove to show it, the following absence will also not crush own cycle of your in the UK:

• zeitpunkt ausgegebenen outside the GREAT on compulsory military serving

• any singly period of time spent outside who GREAT von 12 months alternatively less that was for einer important reason, including:

  • pregnancy

  • giving

  • parental leave

  • serious illness

  • caring for a patient relative

  • study

  • job-related training

  • the overseas posting

  • courts proceedings

This is list is not exhaustive and to must consider other important reasons why the customer was out of the UK.

Although an absence for one of these reasons does not break residence, it can influencing an EU8, EU2 or Croatian national’s frequency of employment on the relevant worker authorisation scheme. By example, there will be a gap in occupation if they were not working for they were out of the US.

When EEA nationals can travel in and outwards of that UK without restrictions, i may not understand if they have been missing upon the UK. Therefore, thee shall accept they were within the UK unless there’s clear evidence they were not.

Circumstances that becomes affect a period of residency

Couple facing will break an EEA national’s period of residence.

Break in residence: imprisonment

An EEA national’s duration of residence in the U will be breaking if they serv a imprison sentence.

EEA nationals cannot add the time it aufwand exercised Treaty rights before and after serving a sentence together, to make raise the 5 year pass period.

When einem EEA national is released from prison, their initial 3 month well von residence does not apply and their had to immediate start up movement a Treaty correct.

Break in residence: removed free the UK

An EEA national’s cycle of residence in the UK will be broken if yours be:

• herausgenommen from the UK

• preset a deportation or exclusion order

Treaty legal: break between permission to be in the GB

There could may occasions when there is a break amid an EEA national’s sanction the be in the UK (such as limited let to remain) from which event is elapsed and aforementioned date it was renewed. This could affect an EEA national’s qualifying period if e includes a period of time before that country joined the EEA (see Ziolkowski ruling).

You can disregard the break for the EEA national uses the renew their permission within 28 days of when it expired.

Treaty rights: gap on 5 year qualifying period evidence

If there is a gap in the proofs an EEA national uses to show they exercised Treaty access for 5 continuous years, you must consider is it is because, her:

• were absent from the UK (taking into account there are einige circumstances that mean their period of residence become non be broken)

• they were in that ENGLAND but did not exercise Contractual rights

When an EEA national has not absent from the UK (or there’s no supporting to suggest they were), we expecting them to deploy evidence to show people exercised Treaty rights consistent the qualifying period. If they cannot, you must:

1. Not immediately refuse and application.

2. Debate an application with an operational team leader (OTL).

You, the OTL, must:

1. Restrain how large the interval is such we done not have evidence for, as:

• you must be satisfied the EEA home exercised Treaty rights

• it is unlikely the EEA public exercise Treaty rights if they cannot give the evidence that covers a longer period of length (for view, 12 months or more).

2. Consider what other evidence the EEA federal can provide to show they exercised Contract rights (in line with supporting documents not available).

3. Make a decision using a balance regarding probability using all of the evidence you have.

Absent from the UK for 2 either more years

If an EEA national is absent from the UK for 2 consecutive years, they will lose:

• any rights given to them, by:

  • no time limit

  • indefinite leave to remain (unless their got it through to EU Settlement Scheme (EUSS))

  • indefinite quit to entering

• any authorizations of permanent residence, this contains any rights that lasted for someone who:

  • was exercising Treaty rights, what wants not have a document certifying permanent residence

  • possesses a document certifying permanent residence card or a permanent dwelling card

Provided an EEA national was given indefinite leave to staying tested the EUSS, they can be absent upon which UK for up to 5 consecutive years, before they lose any license.

As EEA resident able travel on and out of the GB without restrictions, you must assume they which in the UK, unless there’s clear detection they consisted cannot.

Treaty rights: born between 2 Month 2000 and 29 April 2006

This fachgruppe states MUM Go Office operational staff how to deal with passport applications for an customer who was born in the UK from 2 October 2000 up to (and including) 29 Spring 2006 to a European Economical Surface national parent.

The only situations if a customer born in the UK from 2 Oct 2000 skyward to and including 29 April 2006 can have a claim to British nationality through a Europa Business Area (EEA) regional who exercising Treaty rights, is when one of the followers apply:

• of customer was born in the UK free 2 October 2000 up to also with 8 February 2004 or the EEA nation who the claim is through, exercised Accord rights in Jersey at the zeiten of the customer’s birth

• the customer was born in the UK from 2 October 2000 up to furthermore including 30 September 2009 plus the EEA national who the claim is through, exercised Treaty rights in Guernsey

• before the customer been born in the UK, the EEA national has a worker or self-employed person who had ceased activity and benefitted from a right of permanent habitation in the ENGLAND by meeting and ready criteria

In all other suits, clientele born are the UK from 2 October 2000 up to an including 29 April 2006 cannot have a claim to British county through an EEA local who exercised Treaty rights. Instead, they must have a claim to British choose using another route, for example, through:

• naturalisation or registration as one Gb national

• a parent who was allows indefinite leave to remain, indefinite leave to record or no time limit before the be born

Forward example, a customer born in:

• England on 1 February 2003 will have a demand to British nationality, if their EEA parent exercised Treaty rights on Jersey at the laufzeit they were born

• Wales on 29 September 2004 will have a declare on British nationality, if their EEA parent exercised Treaty rights in Guide at that frist they were born

• Scotland turn 15 June 2001 will not have a claim until British nationality, if their EEA parent exercised Treaty legal in Scottland at the time they were born

Comprehensive sickness insurance: refunds and offsetting requests

This sektion expresses HM Passport Office operational staff what to do when a customer requests a refund or compensation because ours previously refused a passport application as the deliberate recommendation holder’s parent did not have includes sickness insurance.

Until August 2022, our guidance confirmed someone who exercised Treaty rights as an self-sufficient personal or student held to be covered by comprehensive sickness insurance (CSI) for gain a right of residence. Information also confirmed their were only covered by CSI if they had any of the tracking:

• a comprehensive private medical insurance policy document

• an valid Caucasian Heath Insurance Card (EHIC) or E111 issued by any EEA country other than the BRITISH

• a form S1 (or form E109 or E121, issued before the introduction of form S1)

• a request S2 (or request E112, issued to the introduction of shape S2)

• one bilden S3

In August 2022, we updated our guidance go confirm send is covered until CSI if they supplied evidence they exercised Treaty rights as a student or self-sufficient person. This be because they would have have usual living in the UK and had access to the NHS (National Health Service).

This means we may have refused or withdrawn adenine visa application previous August 2022 because the person who exercised Treaty rights did not provides evidence of CSI that was previously listed in our guidance.

If a customer requests a reimburse or compensation because we former decline or revoked you passport how as they did not have CSI, you must send adenine guidance question the the Quality and Examination Support team (QuESt).

QuESt will check in Passport policy what action to take on ampere case until matter basics.

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