EEA EFTA Separation Agreement with the UK

Following the UK’s departure from the EU, the EEA EFTA States reached an agreement with the UK known as the Separation Agreement. The Separation Agreement guarantees UK nationals and their family members living in the EEA EFTA States many of the same rights that were previously protected by EEA law, including the right to work, study and travel freely between the UK and the EEA and to live in the EEA EFTA States.

Read more about the rights granted under the Separation Agreement

ESA's powers under the Separation Agreement

ESA has been tasked with overseeing the implementation and application in the EEA EFTA States of Part Two of the Separation Agreement. Part Two is entitled "Citizens' Rights". This means that ESA will be responsible for monitoring that the rights of UK nationals are respected in Norway, Iceland and Liechtenstein.

Article 64(2) of the Separation Agreement states that ESA is to have the ability “to conduct inquiries on its own initiative concerning alleged breaches of Part Two by the administrative authorities of the EEA EFTA States and to receive complaints from United Kingdom nationals and their family members for the purposes of conducting such inquiries”. The same article provides that ESA is to have "the right to bring a matter before the EFTA Court pursuant to the Surveillance and Court Agreement”.

These powers mean that ESA can pursue inquiries where issues have been identified with respect to the rights of UK nationals in the EEA EFTA States. ESA can hold public authorities to account, particularly where it has found general or systemic failings in the implementation of the Separation Agreement.

However, ESA does not replace existing avenues of redress. UK nationals will continue to have recourse to all existing complaint and appeals mechanisms that exist under national law in Iceland, Liechtenstein and Norway.

Rights of EEA EFTA nationals in the UK

In the UK, the UK Independent Monitoring Authority receives and investigates complaints from nationals of EEA EFTA States and their family members. It can conduct inquiries and bring legal action before UK courts for breaches by the UK administrative authorities of their obligations under Part Two of the Separation Agreement. 

Nationals of EEA EFTA States who are experiencing issues in the UK should address themselves to this body, as well as to the UK national authorities.

Cooperation between ESA and the UK Independent Monitoring Authority

ESA and the UK Independent Monitoring Authority will update each other annually of measures taken to implement and enforce the rights set out under Part Two of the Separation Agreement. This will include the number and nature of complaints treated, and any follow up on legal action taken.