EEA workers and
self-employed people
Who are they?
People who are citizens of countries in the European Economic Area (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany. Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) and Switzerland have freedom of movement within Europe.
All nationals of all these countries have the right to enter self-employment in the UK. The rules about employed work, however, are different for the citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia (the A8 nationals), and for citizens of Bulgaria and Romania.
Workers and people temporarily out of work retain worker status
Citizens of the rest of the EEA and Switzerland (but not A8 nationals or those from Romania or Bulgaria) have the right to live in the UK to seek work (as a jobseeker) and as workers, as long as the work is real, and more than 'marginal', in other words is more than a few hours a week or earns them more than a minimal amount. Once they have started work, if they are unable to carry on working, they will retain their worker status:
if they have worked for a year and sign on as unemployed
if they have worked for less than a year, and have been unemployed for less than six months or can provide evidence that they are seeking work and have a genuine chance of getting work
if they are temporarily unable to work because of illness or accident
if they go into vocational training in certain circumstances.
What documents do they have?
An EEA national will have a passport or identity card from the relevant country, but there is no proof of worker status. S/he can apply for a residence permit which looks like this.
What are their housing rights?
EEA jobseekers (who have never worked in the UK) do not have the right to an allocation from the council or to get help if they are homeless.
Self-employed EEA nationals and workers (including those ex-workers who have retained their worker status) have the right to an allocation from the council and to get help if they are homeless.
All EEA nationals can also get accommodation from housing associations.
Further information about relevant regulations.
Are there any particular problems?
EEA rights are complicated and often misunderstood especially the rights of former workers. Get further information.
All EEA nationals who have had the right to live in the UK for five years get the right to permanent residence automatically. Further information about other EEA nationals.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Worker and others temporarily unable to work
The following EEA citizens are treated as if they are habitually resident and are eligible for HB/CTB:
Self-employed persons (including A8 nationals and citizens of Bulgaria and Romania)
People who were previously self employed in the UK who are temporarily unable to work because of an illness or accident except:
citizens of Bulgaria and Romania to whom different rules apply for HB/CTB
Workers and people who are temporarily unable to work but retain their worker status except:
citizens of the A8 states to whom different rules apply
citizens of Bulgaria and Romania to whom different rules apply
A person who is a family member of any of the above.
Further information about relevant regulations.
All others not in work
As a general rule all other EEA nationals who are not in work are not eligible for HB/CTB except:
EEA nationals who have completed five years' residence in the UK
Certain EEA nationals who were previously working in the UK but who have subsequently retired from the labour market
EEA nationals who are in receipt of income-based jobseeker’s allowance (in certain circumstance EEA nationals are entitled to jobseeker’s allowance even where they are excluded from other benefits. Receipt of income-based jobseeker's allowance will passport them full to HB/CTB)
Provided that they are also habitually resident, certain former family members (eg following death or separation)
There are specific rules protecting the rights of children of migrant workers who have started education while their parents were working in the UK. Even if the parent is no longer working in the UK or living with the child, the child (plus any parents caring for them) have the right to reside in the UK and can claim benefits including HB/CTB.
Are there any particular problems?
EEA rights are complicated and often misunderstood, especially the rights of former workers.
All EEA nationals who have had the right to live in the UK for five years get the right to permanent residence automatically. Further information about other EEA nationals.
