Whether an EEA national is a person subject to immigration control depends on whether they are exercising an enforceable European Community right (Immigration Act 1988, s.7(1)), i.e. whether they have a right to reside. Their right to reside derives mainly from Directive 2004/38/EC
("the Directive"). This has been given domestic effect in the UK by the Immigration (EEA) Regulations 2006 SI No. 1003
. However, advisors should check the Directive and the regulations on problematic cases because they are not identical.
An EEA national not exercising a right of residence has no right to remain in the UK and, accordingly, requires leave to remain. These EEA nationals are persons subject to immigration control: see Abdi & Ismail v Barnet LBC
 EWCA Civ 383,  HLR 23, 6 April 2006.
In all cases, where an EEA national has a right of residence he/she will not be a person subject to immigration control.
There are 3 classes of right to reside provided by the Immigration (EEA) Regulations 2006:
Initial right of residence pursuant to Regulation 13 not exceeding 3 months, valid identification card or passport, must not become an unreasonable burden on the social assistance system of the UK;
Extended right of residence, pursuant to Regulation 14 - available only to qualified persons;
Permanent right of residence pursuant to Regulation 15 - principally available to EEA nationals who have resided in the UK in accordance with the Regulations for a continuous period of 5 years and to workers/self-employed persons who have ceased activity.