EEA Nationals: Home Office Interpretation of Paragraph 5 of the Immigration Rules
Questions have been raised regarding the Home Office’s interpretation of paragraph 5: “save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.”
It was confirmed that: “paragraph 5 of the Immigration Rules is intended to reflect section 7 of the Immigration Rules 1988, by virtue of which a person with an enforceable EU law right cannot be required to seek leave to enter or remain under the Rules. However, if they wish to apply under the Immigration Rules, and they meet the requirements, there is nothing to prevent them from doing so.
The correspondence between Clive Peckover (Home Office) and Chris confirmed the following facts:
- a) Could a person switch from exercise of EU treaty rights as a self-employed to spouse of a British Citizen Under the Immigration Rules? Yes, it is allowed.
- b) Can EEA nationals apply under the Immigration Rules? Yes. If an EEA National wishes to apply under the Immigration Rules, they are entitled to do so.
- c) Do a family members of EEA nationals have to apply under the EEA regulations? No, they can choose to apply under the Immigration Rules.