Asis: EEA Free Movement

Asis, a Spanish national, was offered employment in the UK but was unsure whether or not he would be able to bring his wife and children with him when he started work here.

He was also curious about how he could secure British Citizenship in the future, so he came to IAS for advice with both issues.

Our lawyer reassured Asis that he would be able to come to the UK to work and bring his family without restrictions. He also detailed the requirements needed to secure British Citizenship.

1: The situation

Asis phoned us from Spain and explained that he had been offered employment in the UK, and that he would like to accept the offer and bring himself and his family over. He had a wife and two children – aged 12 and 19.

He was uncertain if there would be any restrictions he would face in doing this, due to his eldest child being over the age of 18 – he was also curious to see what his and his family’s options would be in terms of securing British Citizenship in the future.

2: How IAS helped

After booking into a telephone advice session we made it clear to Asis that, as he and his family were EEA Nationals, they were eligible for the Free Movement provision in the EEA Regulations 2006 – the law which governs the immigration rights of EEA Nationals living in the UK.

This meant that they would have the initial right to reside, work and study in the UK without immigration restrictions –provided they all had valid passports.

There would be no issues in moving his family from Spain to the UK.

We also informed him that, if their intention was to secure British Citizenship, they must first spend the required time in the UK to secure a Permanent Residency Card. Then, once this has been secured, they could immediately apply to naturalise as British Citizens.

To do this, they would have to be exercising their ‘Treaty Rights’ – these are rights that encompass their time spent in the UK if they were to later seek Permanent Residency. To fulfil these criteria, they would need work, study, rely on their savings or be job hunting with a genuine chance of employment during their stay in the UK.

3: The outcome

Asis and his family moved to the UK without issue and he began working.

Prompted by our advice, he had renewed his family’s passports before they travelled so that this would not be an issue later when they applied for British Citizenship.

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