The European Economic Area (“EEA”) includes Norway and Iceland as well as the existing European Union countries. Nationals of Switzerland (not an EEA country) have recently been granted similar entitlements.
All EEA nationals (subject to security controls) are entitled to:

• Enter the UK to seek work
  
• Accept and enter employment in the UK
  
• Set up business in the UK; and
  
• Provide or receive services in the UK

The family members of EEA nationals (that is spouse, child under eighteen and, in some circumstances, other dependant relatives) will be allowed to remain in the UK on the same basis as the EEA national on whom they are dependant. However, non-EEA nationals who are spouses or dependant relatives of an EEA national will need an entry clearance visa to enter and reside in the UK as a dependant. This should be applied for in advance of coming to the UK.

If I am from outside the EEA do I require a Visa?

Usually, yes – but see Switzerland above. Depending on the category in which you are coming, and whether you are a “visa national” or “non-visa national”, you will probably require an entry clearance visa, or some other form of permission, before coming to the UK. Whether or not you are a visa national is determined by nationality; for example, an Indian national is a visa national, while a US national is not. A visa or entry clearance is a prior permission to enter the UK which must be obtained from a British mission (Embassy, Consulate or High Commission) before travelling to the UK. Visa nationals need a visa to travel to the UK for any purpose. Confusingly, non-visa nationals also need visas to enter in most capacities. The exceptions to this are:

• Where the non-visa national is coming for a business visit or holiday. Employment-related or other productive work is prohibited to visitors, regardless of where the employment contract is based.
  
• Where the non-visa national holds a UK work permit. (Note, however, that dependant family members still require entry clearance unless they are EEA/Swiss or otherwise exempt).

Business Person Category

This category is for business people wishing to invest in the UK business and to live in the UK in order to commit their time and resources to that business. It is not a work permit. You should seek entry clearance through a British Mission in your own country; the document requirements and application process can be length. If you want to be self employed or to start up or buy into a business in the UK you must show that:

• You have at least £200,000 of your own money to invest in the UK business
  
• Your investment will create new, paid, full-time employment for at least two people, who are already settled in the United Kingdom
  
• You will be occupied full-time in running the business
  
• There is a genuine need for your services and investment
  
• You will have a controlling or at least equal interest in the business and the level of your financial investment will be proportionate to your interest in the business.

If you are buying into an existing business, you will also be expected to show a written statement of terms on which you are entering or taking over the business and audited accounts for the business for previous years.

European Association Agreements

These are a series of bi-lateral agreements, mainly with Eastern European EU candidate countries. If you are a national of one of these countries, you could apply for a simplified self employment visa. This is not a work permit, and differs from the Business Person category in that the requirements are less onerous; capital investment and anticipated turnover can be much lower. Each of the country agreements is different in its exact provisions.

Highly Skilled Migrant Programme

The Highly Skilled Migrant Programme (“HSMP”) was introduced in January 2002 as a stand-alone permit, valid for employment, self employment or business. It is not a work permit as such (see below) but an alternative available to individuals with significant professional skills and business experience. The scheme was revised, making it more accessible, in January 2003 and further revisions are anticipated. Application is via entry clearance or in-country to the Home Office. Visitors to the UK may not apply. The skills and experience threshold is high – evidence of significant or exceptional achievement in a chosen field must currently be demonstrated. Relatively high previous and projected income from economic activity related to the business plan or employment is expected. The documentary and evidential requirements are relatively onerous.

In the first six months of the scheme, approximately 1,000 applications were received; almost 70% of these failed. Success rates have since increased, but careful consideration and presentation of applications remains essential. Permission is for 12 months initially, extendable for an aggregate of up to 4 years thereafter. An application for indefinite leave to remain in the UK may be made after 4 years in the HSMP category.