The Immigration (European Economic Area) Order 1994

Qualified Person

6.—(1) In this Order “qualified person” means an EEA national who undertakes in the United Kingdom the activities of—

(a)a worker;

(b)a self-employed person;

(c)a provider of services;

(d)a recipient of services;

(e)a self-employed person who has ceased economic activity in the United Kingdom;

(f)a self-sufficient person;

(g)a retired person; or

(h)a student.

(2) For the purposes of paragraph (1)—

(a)“a worker” means a worker within the meaning of Article 48 of the EC Treaty;

(b)“a self-employed person” includes a person who seeks to pursue activity as a self-employed person;

(c)“a provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 60 of the EC Treaty;

(d)“a recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 60 of the EEC Treaty;

(e)“a self-employed person who has ceased economic activity in the United Kingdom” means—

(i)a person who—

(aa)on terminating his economic activity in a self-employed capacity has reached the age at which he is entitled to a state pension,

(bb)has pursued an activity in a self-employed capacity in the United Kingdom for at least twelve months prior to the termination of that activity, and

(cc)has resided in the United Kingdom for more than three years; or

(ii)a person who—

(aa)has resided in the United Kingdom for more than two years, and

(bb)has terminated his activity in a self-employed capacity as a result of a permanent incapacity to work; or

(iii)a person who—

(aa)has been continuously resident and continuously active in a self-employed capacity in the United Kingdom for three years, and

(bb)is active in a self-employed capacity in the territory of another EEA State but who resides in the United Kingdom and returns to his residence at least once a week;

(f)“a self sufficient person” means a person who—

(i)does not enjoy a right of residence under any provision of Community law other than Council Directive 90/364 EEC,

(ii)has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and

(iii)is covered by sickness insurance in respect of all risks in the United Kingdom;

(g)“a retired person” means a person who—

(i)has pursued an activity as an employed or self-employed person, and

(ii)is in receipt of—

(aa)an invalidity or early retirement pension,

(bb)old age benefits,

(cc)survivor’s benefits, or

(dd)a pension in respect of an industrial accident or disease,

which is sufficient to avoid his becoming a burden on the social security system of the United Kingdom, and

(iii)is covered by sickness insurance in respect of all risks in the United Kingdom;

(h)“a student” means a person who—

(i)is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course,

(ii)has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom, and

(iii)is covered by sickness insurance in respect of all risks in the United Kingdom.

(3) For the purposes of paragraph 2(e)—

(a)periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service shall not be taken into account; and

(b)periods of inactivity caused by circumstances outside the control of the self-employed person and periods of inactivity caused by illness or accident shall be treated as periods of activity in a self-employed capacity.

(4) For the purposes of paragraphs 2(f) and (g), resources or income shall be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance.