The definition of an EEA national
EEA nationals are:
- nationals of the member states of the European Union (‘EU’); and
- nationals of Iceland, Liechtenstein and Norway (which are parties to the European Economic Area Agreement).
The Agreement on the Free Movement of Persons made between the EU and the Swiss Confederation places Swiss nationals and their families in broadly the same situation as EEA nationals and their families in the context of immigration law. These countries enjoy full rights of free movement around the EEA.
Although there had previously been provisions allowing the limitation of rights of certain new Member States, all now enjoy full rights. Limitations had previously been in place for nationals of:
- the eight Accession states (the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia,also known as the A8 countries)
- Bulgaria and Romania (also known as the A2 countries); and
- Croatia.
Member countries that enjoy Full Rights of Free Movement
- European Union (including A8 and A2 countries)
|
Austria |
Latvia |
- Parties to EEA agreement
Iceland
Liechtenstein
Norway
Switzerland (though not a member of the EEA, for freedom of movement purposes, is treated by all EEA members as if it was a member.)
The Impact of Brexit
On 23 June 2016 the UK voted by referendum to leave the EU,by a 52% majority. This will have a signficantimpact on immigration law.
At the time of writing, the final effects of Brexit remain unclear. The UK is scheduled to leave the EU on 31 January 2020 (‘exit day’), though transitional provisions will remain in place until 31 December 2020.
Article 50 of the Lisbon Treaty sets out how an EU member state might voluntarily leave the EU. It requires a member state:
- to notify the European Council of an intention to leave;
- to negotiate a deal on its withdrawal (the ‘Withdrawal Agreement‘); and
- to establish a newlegal framework for a future relationship (‘Future Relationship Agreement’) with the EU.
Article 50 provides a two-year period, from the date of the initial notification, in which the Withdrawal Agreement should be agreed. Failure to do so results in the exiting state leaving the EU with no new provisions in place, unless every one of the remaining EU states agrees to extend the negotiations.
The UK triggered Article 50 on 29 March 2017, meaning that the UK was, from that date, set to leave the EU on 29 March 2019. Subsequent extensions were agreed to 31 October 2019 and then to 31 January 2020.
The Withdrawal Agreement is intended to deal with issues including:
- the rights of EU citizens in the UK and of UK citizens abroad;
- the relocation of EU agencies currently based in the UK; and
- how to allocate unspent funds due to be received by UK regions and farmers.
The Withdrawal Agreement needs a qualified majority of member states and consent of the European Parliament.
The future relationship agreement will cover a wide range of issues including immigration. At the time of writing, substantive negotiations on a future relationship agreement have yet to begin.
Therefore, the future legal landscape remains shrouded in fog. For now, the provisions relating to EU law and specifically free movement are still legally
binding in the UK. This Chapter will now deal with the law as it stands immediately following exit day.
It will then set out a timeline of events henceforth (though this may well change) and deal with the most likely effects of Brexit.