European Union

The EU and the United States of America are in dispute about visa arrangements between the two regions.

The EU allows citizens of the United States of America to travel to all 25 Member States on a 'visa waiver scheme'. However the US requires nationals of 10 EU Member States to obtain a full visa before travel. The 10 countries are Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Malta, Lithuania, Poland, and Slovakia. All but Greece belongs to the EU newest members who joined in 2004. Only one of the new members, Slovenia, is included on the visa waiver scheme.

Following the coming into force of the Immigration (European Economic Area) Regulations 2006 on 30th April 2006, the Immigration & Nationality Directorate (IND) has published new policy guidelines based on the Regulations. The guidelines are known as the European Directorate Instructions (EDI). They are instructions to the IND's own officers when making immigration decisions related to EEA nationals and their families, but the instructions are also used by lawyers and individuals for guidance.

The European Court of Justice (ECJ) has ruled that the agreement between the EU and the USA requiring airlines to transfer passenger data to the US authorities when flying to, from or over the United States is illegal under European law.

The Immigration Minister, Tony McNulty, has announced in a written statement to parliament that the rules and restrictions imposed on nationals of the A8 Countries * will continue to 2009.

When the A8 countries joined the EU in May 2004, EU Member States were authorised to impose restrictions on free movement rights. Only the UK and Ireland allowed nationals of the A8 countries the right to live and work in their countries. However the UK did impose restrictions on those nationals, such as the requirement to register with the Home Office within 30 days of starting employment and restricted right to State benefits.

The European Commission (EC) has agreed in Brussels on 2nd June 2006 to the introduction of biometric information in the Visa Information System (VIS). The VIS is part of the Schengen agreement; which is an agreement between EU Member States (with the exception of the UK and Ireland), whereby non-EU visa-nationals are given a visa for all Member States when they are given a visa for any one Member State.

The Common Consular Instructions (CCI) form part of the Schengen agreement and gives directions to signed-up Member States on immigration control. As part of the CCI, the Commission has now agreed that Schengen issued visas will contain biometric information such as applicants fingerprints. Member States will be obliged to collect the biometric information.

The Member States of the European Union have agreed to allow most service providers, from accountants to undertakers, to do business in all 25 EU countries.

There has for a long time been a right of individuals to live and work and set up business in other EU countries, but the right to provide services has always been restricted. In other words, an EU national is free to move to another EU country and become employed in the service industry, e.g. as a plumber or a lawyer, but a company providing services in one Member State could not offer its services in another.

The agreement means that a company, say in Poland, can offer services in the UK without being based in the UK. Equally, a person looking for services can employ a company from any other Member State.

The Court of Appeal has ruled, in Zackaria Muhidin Ali v Secretary of State for the Home Department [2006] EWCA Civ 484, that EEA children do not have an unfettered or unrestricted right to receive education in an EEA country (the European Union as well as Norway, Switzerland, Iceland and Liechtenstein) other than their own. As a consequence the child?s father had no right to reside in the UK with his child.

It was argued that the child, a Dutch national, has an unrestricted right to receive education in the UK (under Art 18 of the Maastricht Treaty which gives rights of residence to EU nationals in other EU states) and that the child?s father, a Somali national, was entitled to accompany him as he is providing care for the child.

Under new regulations to be introduced on 30th April 2006, couples who are not married or have not committed to a civil partnership, may be regarded as family members under EEA law.

Under EEA or European law, an EEA citizen is entitled to bring with him to another EEA country certain specified family members, when exercising his right to work; undertake business; or study in another EEA member state. Until the new regulations, he could not bring his unmarried partner as his family member (to the UK).

The new regulations now allow an EEA citizen in the UK to include as a family member a person who is not his spouse (husband or wife) or his civil partner, but with which he is in a durable relationship and only if the Home Office deem it appropriate. The word durable is not defined, but the couple will likely be required to show that they are in a committed relationship and one that will last for the foreseeable future.

Under new UK regulations being introduced on 30th April 2006, EEA citizens and their family members will be entitled to reside in the UK for three months.

Under EEA law, citizens of EEA countries are entitled to live in other EEA countries but only if they are 'exercising their Treaty rights'; which means working or looking for work; carrying on business; or studying (or if they are self-sufficient). However there has not been, until these new regulations, a right to simply reside without doing one of things mentioned above.

New regulations concerning EEA citizens and their family members will be introduced on 30th April 2006, and will for the first time include civil partners as a family member.

When EEA citizens move to another EEA country to work; set up business; study; or if they are self-sufficient; they have the right to bring certain family members with them, even if the family member(s) is not an EEA citizen.

A family member has in the past been defined not to include couples that are not married. This therefore excluded same-sex couples from countries where they cannot marry.