European Nationals and Their Families

With Brexit on the horizon, European citizens and their family members, who are currently living in the UK, may wish to consider obtaining confirmation of your right of residence in the UK under European law.

For European citizens wishing to relocate to the UK in the future, there are key considerations to make, in light of the EU Referendum vote for Brexit, and there may be alternative options available to you and your family. Our team has extensive experience advising on many aspects of European law and can advise you on other visa categories to help you decide the best course of action to take with Brexit in mind.

At present,  a European citizen may live and work in the UK if you are exercising your rights under European law as a worker, a self-employed individual, a self-sufficient person or as a student. Provided that you can demonstrate this, your family members would also be entitled to live with you in the UK.

Evidencing your rights as a European citizen may not be easy and, in some cases, extensive evidence is required. We have a team of leading immigration lawyers who can advise you on the options available for you and your family to live and work in the UK through your European citizen rights. Nicolas Rollason is an expert in EU immigration law and has litigated key test cases before the European Court of Justice. Elspeth Guild is internationally renowned in the field of European immigration law and her expertise spans across multiple jurisdictions within the EU.

With our team’s considerable expertise in European law matters, we can assist you with making key life decisions for you and your family in light of future changes brought about by Brexit.

Recent examples of work

  • An EU national, who has found employment in the UK, wishes to relocate to the UK with his partner and children. The family can relocate to the UK
  • The spouse (not an EU citizen) has found employment in the UK. His wife is an EU national and a self-sufficient person. The couple can relocate to the UK
  • The father and mother (not EU citizens) are financially dependent on their son, who is an EU national. The parents can join their son in the UK
  • A non EU national has divorced their EU spouse. She demonstrated she retained her rights under EU law by satisfying the EU requirements on eventualities of a divorce. She can continue her residence in the UK
  • A non EU national works for an EU employer based in Europe. Their employer wishes to post him/her to the company’s UK offices to work on a project for a limited period. The non EU national can continue their employment their EU employer at the company’s UK offices under the provisions provided by the EU case law of Van der Elst
  • A British national has been working and living in Europe for many years. The spouse of the British national is not an EU citizen. The British national wishes to relocate back to the UK with his/her spouse. The couple can relocate back to the UK under the provisions provided in the EU case of Surinder Singh


Nicolas Rollason heads the firm's immigration offering and is highly respected in the sector. He has extensive knowledge of EU immigration law and has experience in taking cases to the ECJ as well as lobbying government on behalf of his clients.

Chambers UK, A Client's Guide to the UK Legal Profession

Elspeth Guild is celebrated for her magisterial command of EU immigration law. Her academic and legal standing is such that she regularly engages with the UNHCR, the Council of Europe and the EC as an expert.

Chambers UK, A Client's Guide to the UK Legal Profession

"Always prompt and factual’" Kingsley Napley LLP provides "an excellent level of service"

Legal 500 UK

"Kingsley Napley leads the immigration outfits in the UK"

Who's Who Corporate Immigration

"..'The practice has gone from strength to strength.'the group is 'at the top of its game,' whilst clients are keen to highlight that the department is 'extremely informative and good at reporting policy changes'..." 

Chambers UK, A Client's Guide to the UK Legal Profession

"Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers"

Chambers UK, A Client's Guide to the UK Legal Profession

“absolutely superb” 

Chambers UK, A Client's Guide to the UK Legal Profession

“top of the tree, with admirable depth and breadth” 

Chambers UK, A Client's Guide to the UK Legal Profession

“genuinely ground-breaking work that requires this firm’s impressive brainpower” 

Chambers UK, A Client's Guide to the UK Legal Profession

"Kingsley Napley LLP has ‘enormous experience and great depth of practice'" 

Legal 500 UK


For more information about our immigration services please contact Nicolas Rollason at or a member of the team.

European Nationals and Their Families Insights

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Brexit and relocating with children overseas – mind the immigration and family law gaps

Will changes to the immigration rules still present a challenge for spouses to live together?

The offer: questions remain as to what Theresa May’s proposals mean for EU citizens living in the UK after Brexit

Lessons we still haven’t learnt – a year on

Court rules in favour of non-EU parents having a right to live in Europe

Brexit – Trust is hard earned and easily lost for EU citizens in the UK

Brexit and European mobility from the Italian angle

Will EU nationals have a human right to continue to reside in the UK after Brexit?

Immigration update - How will triggering Article 50 impact employers of EU nationals?

What is behind the so called “tit-for-tat” EU and US visa spat?

Brexit: home & away

Brexit - what French nationals in the UK need to know

Theresa May signals an end to free movement and leaves EU citizens here and British citizens abroad in limbo

Local authorities roll out new streamlined services for British citizenship and Permanent Residence applications

Roll out of online application process for EEA nationals

Brexit and the position of children born to European nationals living in the UK

What should EEA citizens living in the UK do next?

Webinar: Brexit - what this means for EU employees and their families

What would a Brexit mean for UK employment law?

The ultimate European divorce – what a Brexit vote could mean for UK and EU couples and their children

Why Brexit could usher in a new world of immigration red tape

Webinar: The impact of Brexit on EU citizens already living and working in the UK

The UK’s referendum on EU membership – implications for British citizens living in Member States

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