Exercise of EU/EC Treaty Rights (Free Movement Rights)

A worker is someone employed part-time or full-time, usually in return for wages, but payment can also take the form of living expenses or accommodation. There is no minimum number of hours, but the work must be genuine and effective and not marginal or ancillary (i.e. so little in time and money that it is unrelated to the worker's lifestyle). A person is “employed” if paid by another party (the employer) to perform work on an ongoing basis, usually on a payroll. The employer can be a company or a person (sole trader).

Work is likely genuine and effective if earnings meet HMRC's Primary Earnings Threshold (the point at which Class 1 National Insurance contributions become due). Below this threshold, caseworkers must consider whether there is a genuine employer/employee relationship, whether there is a contract, whether the work is regular, how long the person has been employed, and the number of hours worked.

Workers can be paid cash in hand, paid by a non-UK company, or work as au pairs — all can still qualify, provided other conditions are met. Charity or voluntary workers only qualify as workers if their work involves the commercial activities of the charity and they receive payment in the form of living expenses or accommodation.

A worker who temporarily stops working may retain worker status in certain circumstances (e.g. temporary incapacity, pregnancy, involuntary unemployment). A worker who permanently ceases activity may also still qualify under the "ceased activity" provisions (see the following for further information: https://assets.publishing.service.gov.uk/media/69b033e424c6431b84f0e3ee/Treaty_rights_passport_applications_v25.0.pdf). A person in a contract of employment that has not ended is a worker even if under notice or on leave. A contract of employment may exist without written terms.

Evidence should demonstrate that the person was in genuine, paid employment — ideally through official records showing earnings and the employment relationship.

Official earnings and tax records

• Payslips (including handwritten payslips for cash-in-hand workers)
• P60s (annual earnings summaries)
• P45s (leaving documents)
• HMRC employment history statement showing start/end dates, pay and tax

Evidence of the employment relationship

• Contract of employment or written terms and conditions
• Letter from employer confirming start and end dates of employment (HR departments will typically provide these)

For EU8, EU2 and Croatian nationals during their respective accession periods, additionally one of the following:

• Registration Certificate (Home Office blue card), or
• All WRS/AWS certificates together with P60s, P45s and wage slips confirming employment with the named employer for the first 12 consecutive months

Note: Caseworkers must verify the employer exists via Companies House. Where an employer cannot be verified, further evidence of the employment relationship should be sought.

A self-employed person is someone who works for themselves and generates income in a self-employed capacity. The person is not in a contract of employment and is not on a payroll. This includes a sole trader, a company director receiving dividends, people in partnerships (partner of LLP), and a person registered under the Construction Industry Scheme (CIS). There is no minimum number of hours, but the work must be genuine and effective and not marginal or ancillary.

A self-employed person who temporarily or permanently stops working may retain their status or qualify under the ceased activity provisions, in the same way as a worker (see above).

Evidence should demonstrate that the person was genuinely working for themselves and generating income — tax and National Insurance records are the strongest indicators.

Best evidence

• National Insurance contribution records showing self-employed contributions (from HMRC)
• HMRC SA302 tax calculations showing declared self-employed income
• HMRC tax returns showing declared self-employed income
• Full tax calculations from HMRC's personal tax account
• HMRC registration as self-employed

Supporting evidence of trading activity

• Business accounts showing declared income
• Invoices or receipts showing payments for work or services carried out
• Contracts with clients
• Letter from a former client, accountant or solicitor related to the self-employment activity

For company directors and partners

• Companies House download showing status as a director of a company or a partner of an LLP

For Construction Industry Scheme (CIS) workers

• Monthly statements from the contractor showing payments and deductions
• SA302 calculations and tax returns

A jobseeker is someone who either enters the UK looking for employment or begins looking for employment immediately after exercising Treaty rights as a worker, self-employed person, self-sufficient person, or student. They must be actively seeking work and have a genuine chance of being employed, and are expected to find employment within 6 months. There is no limit on how long or how many times an EEA national can be a jobseeker during the qualifying period, as long as these conditions are met. A person may be a jobseeker over a period of months, even if there were days on which no activity occurred (e.g. at weekends).

EU8, EU2, and Croatian nationals could only exercise Treaty rights as a jobseeker if they were exempt from worker authorisation or had completed 12 months of legal employment on the relevant accession worker scheme.

Often, a female jobseeker who gave birth did not perform job-seeking activities from the late stages of pregnancy until several months after the birth. If there is evidence of activities not long before the birth, this should suffice. If evidence is lacking, a probability-based argument may be needed.

Evidence should demonstrate that the person was actively seeking work and had a realistic prospect of finding it — correspondence with employers or agencies, or proof of benefit claims, are the most direct forms.

Best evidence

• Evidence of Jobseekers Allowance — this alone is sufficient to establish both active job-seeking and a genuine chance of employment.

Alternative evidence of active job-seeking

• Job application forms or letters sent to employers or employment agencies
• Email or written correspondence with a recruitment agent or prospective employer
• Job interview invitation letters or emails
• Job rejection letters or emails
• Jobcentre Plus letters or emails

Note: Where no documentary evidence is available, a signed personal statement confirming active job-seeking may be accepted alongside Jobseekers Allowance evidence. Unless something in the application positively suggests the person did not have a genuine chance of being employed, caseworkers must accept that they did.

A student is someone enrolled at a public or private establishment recognised by the Secretary of State for Education, for the main purpose of study, including vocational training. This status only applies where the relevant date is on or after 30 June 1992.

Students must have sufficient resources not to become a burden on the UK social assistance system, and must study at a recognised establishment — one on the register of sponsors, or publicly funded, or accredited by a recognised inspection body such as Ofsted or the Quality Assurance Agency. Students may provide a signed self-declaration in lieu of financial evidence. CSI is automatically accepted if student status is evidenced.

If a student is also working, caseworkers must consider whether they exercised Treaty rights as a worker instead.

Evidence should confirm enrolment at a recognised institution and, where relevant, that the person had sufficient resources to support themselves without relying on public funds.

Evidence of student status

• Letter of acceptance or offer from the institution
• Enrolment letter from a school, college or university confirming attendance
• Course transcript showing courses taken each year
• Degree or qualification certificate
• Statement showing course fees were paid

Evidence of sufficient resources

• Bank statements showing income or savings
• Statements showing income from pensions or investments
• Alternatively: a written and signed self-declaration confirming that the person (and any family members) had sufficient resources not to become a burden on the social assistance system — this must be scanned onto the system as a permanent record

Evidence regarding public funds

• DWP letter or bank statements confirming no social assistance payments were received, or details of any payments received

Note: The institution must be recognised — either on the register of sponsors, publicly funded, or accredited by a body such as Ofsted, the Quality Assurance Agency, Education Scotland, Estyn, or the Independent Schools Inspectorate. If it is not on the register of sponsors, evidence of public funding or accreditation must be provided.

A self-sufficient person is someone who has sufficient resources to cover their own and any family members' living costs so as not to become a burden on the UK social assistance system. This status only applies where the relevant date is on or after 30 June 1992.

There is no fixed income threshold — the test is whether the person relied on UK social assistance payments to meet their living costs. Self-sufficient persons must also be covered by comprehensive sickness insurance (CSI), though this is automatically accepted if sufficient evidence of self-sufficient status is provided, as NHS access suffices.

Retired EEA nationals who cannot qualify as a worker or self-employed person who ceased activity may qualify as self-sufficient, provided they can show sufficient resources such as pensions or investments. UK Pension Credit and contributions-based UK state pension alone are not acceptable. Charity workers may also qualify as self-sufficient if the charity is meeting their living costs and they have sufficient resources.

Evidence should show that the person had enough income or assets to support themselves (and any family members) without relying on UK public funds.

Evidence of resources

• Bank statements showing regular income or sufficient savings
• Pension statements or payslips (private or occupational pensions)
• Investment or portfolio statements (e.g. stocks, bonds, property income)

Evidence regarding public funds

• DWP letter or statement confirming no social assistance payments were received
• Bank statements (acceptable if DWP evidence cannot be obtained) showing no receipt of public funds

Note: UK Pension Credit and contributions-based UK state pension alone are not acceptable as evidence of sufficient resources. If the person did receive some social assistance payments, caseworkers will also require details of living costs (rent/mortgage, utilities, travel, food, debt) to assess whether their own income was nonetheless sufficient to meet those costs.