Following the UK’s departure from the European Union and the end of EU free movement on 31 December 2020, EU citizens’ rights in Britain have undergone significant reform. The introduction of the UK’s points-based immigration system created a two-tier structure for EU nationals: those who were resident in the UK by the end of the Brexit transition period, and those arriving after 1 January 2021.
In 2025, the key factor in determining an EU national’s rights remains whether they were living in the UK before the end of 2020.
EU nationals in the UK by 31 December 2020
EU nationals who were living in the UK before 31 December 2020 had to apply to the EU Settlement Scheme (EUSS) to remain lawfully. The scheme remains the primary mechanism for securing immigration status for this group.
There are two types of status under the EUSS:
- Settled status – for individuals with five years’ continuous UK residence.
- Pre-Settled Status – for those with less than five years’ residence at the time of application.
Once five years of continuous residence are achieved, individuals with pre-settled status must apply to convert to full settled status to remain long-term.
The Home Office is now automatically extending pre-settled status by two years for those who had not yet upgraded, and the government is working towards automating the transition to full settled status where possible. However, individuals should still ensure their immigration status is up to date to avoid future issues with work, housing or public services.
The EUSS covers EU citizens and nationals from Norway, Iceland, Liechtenstein and Switzerland. Importantly, holding a permanent residence card does not confer legal status—individuals must hold EUSS status to remain in the UK.
Family members (including children) of EU nationals who arrived before 31 December 2020 could also apply under the EUSS. While the main deadline was 30 June 2021, late applications are still accepted in certain circumstances, but individuals must demonstrate reasonable grounds for the delay.
EU nationals coming to the UK after 1 January 2021
EU nationals who did not live in the UK before 2021 are now treated the same as other non-UK nationals under the UK’s points-based immigration system. If you come to the UK without the correct permission or visa, you may be detained and refused entry.
For tourism and short visits, EU citizens can visit the UK for up to 6 months without a visa but from 2 April 2025, require an ETA permit. However, they cannot work, and may have to answer questions at the border about the purpose of their visit.
EU nationals coming to the UK for employment must hold a relevant UK work visa. In most cases, this requires a job offer from a licensed sponsor and meeting the skill and salary thresholds. Travellers will need to factor in the additional cost and processing time if making an application to the Home Office.
EU family members
Family members of EU nationals arriving after 31 December 2020 are subject to the same rules as those that apply to all non-UK family members, which entails strict eligibility criteria (such as minimum income thresholds), stringent application processes and higher visa costs as part of the family visa application.
Frontier workers
So-called frontier workers are resident in an EU member state but work in the UK. Under the post-Brexit rules, they cannot rely on the EUSS unless they also meet UK residency criteria. To continue working in the UK without moving here permanently, they will need to hold a valid Frontier Worker Permit.
The permit is free but subject to strict eligibility requirements. Applicants must show they were working in the UK before 31 December 2020 and have continued to do so regularly.
Employer considerations
For UK employers, the distinction between pre- and post-Brexit EU nationals continues to be a key compliance issue. From 1 July 2021 onwards, employers have been legally required to check and retain proof of an EU employee’s right to work in the UK, through evidence of settled or pre-settled status under the share code system, or a valid work visa under the points-based system. Failure to carry out proper right to work checks can result in fines and enforcement action.
Recruiting EU nationals post-Brexit now typically involves applying for a sponsor licence and sponsoring the worker under the Skilled Worker route.
In the case of business visitors, EU nationals travelling to the UK for short-term work-related activities will need to comply with the visitor rules, and from 2 April 2025, ensure they have a valid ETA or visa. As a business visitor, permissible activities include attending meetings or signing contracts, but working or providing services is not. Business travellers should travel with supporting documents that prove their reason for travel, in case they are questioned at the border.
Need assistance?
As a team of immigration lawyers and former Home Office employees, DavidsonMorris are highly experienced in advising individuals on UK settlement and entry options, eligibility and application processes. We understand the stresses involved with securing your immigration status, providing advice on the options open to you, and handling any application processes on your behalf. To discuss your current or future status in the UK, contact us for advice.
EU citizens rights in the UK FAQs
Is it still possible to apply for the EU Settlement Scheme?
In limited cases; while the main deadline was 30 June 2021, the Home Office continues to accept late applications where there are reasonable grounds for the delay. Examples include illness, lack of capacity, or not being aware of the requirement.
What’s the difference between settled status and pre-settled status?
Settled status provides indefinite leave to remain, allowing permanent residence, access to public funds, and a route to British citizenship. Pre-settled status allows temporary residence for up to five years and is converted to settled status once the individual has lived in the UK continuously for five years.
Has anything changed for pre-settled status holders?
The Home Office is automatically extending pre-settled status by two years for those who are eligible and have not yet applied for settled status.
What happens if I only have a permanent residence card?
Permanent residence documents issued under EU law are no longer valid. You must have applied under the EUSS to continue living lawfully in the UK.
Can EU citizens still come to live or work in the UK?
Not without the appropriate visa. EU nationals who were not living in the UK by 31 December 2020 are now subject to the UK’s points-based immigration system and will generally require a work visa or other immigration route to live or work in the UK.
Do EU citizens need a visa to work in the UK?
Yes, unless they have settled or pre-settled status, or a Frontier Worker Permit. EU citizens now require a work visa, such as the Skilled Worker visa, and must be sponsored by a UK employer with a valid sponsor licence.
What is a Frontier Worker Permit?
This permit allows EU citizens who live in the EU but work in the UK to continue working across the border without applying for a full UK work visa. To be eligible, they must have started cross-border work before 31 December 2020 and meet ongoing criteria.
Can EU citizens apply for British citizenship?
EU nationals with settled status can typically apply for citizenship after 12 months (or immediately if married to a British citizen). They must also meet the language, residency, and good character requirements.
What happens if an EU citizen doesn’t have lawful status?
They may be considered an overstayer, which can affect their ability to work, access services, rent housing or return to the UK in future. It’s important to seek advice and regularise status as soon as possible if unsure.
Glossary
| Term | Definition |
|---|---|
| EU Settlement Scheme (EUSS) | A UK Government scheme allowing EU, EEA, and Swiss citizens (and their eligible family members) to apply for immigration status to remain in the UK post-Brexit. |
| Settled Status | Immigration status granted to individuals under the EUSS who have lived in the UK continuously for at least five years. Equivalent to Indefinite Leave to Remain. |
| Pre-Settled Status | Temporary status granted under the EUSS to individuals who have not yet completed five years’ continuous residence in the UK. It can later be converted to settled status. |
| Indefinite Leave to Remain (ILR) | Permission to stay in the UK without any time restrictions. Individuals with ILR can live, work, and study in the UK indefinitely. |
| Frontier Worker Permit | A permit allowing EU nationals who live in the EU but work in the UK (and began working in the UK before 31 December 2020) to continue working in the UK without a full work visa. |
| Points-Based Immigration System | The UK’s post-Brexit immigration system that applies to all non-British citizens, including EU nationals arriving after 1 January 2021. Eligibility is based on skills, salary, and English language ability. |
| Skilled Worker Visa | A visa route under the points-based system for individuals sponsored by a UK employer to work in a qualifying skilled job. |
| Right to Work Check | A legal requirement for UK employers to verify that an employee or job applicant has the legal right to work in the UK. |
| Permanent Residence Card | A document previously issued to EU nationals under EU law, now invalid following Brexit unless replaced by EUSS status. |
| Visa National | A person who is required to obtain a visa before travelling to the UK for any purpose, including visits, work, or study. |
| Overstayer | Someone who remains in the UK after their immigration permission has expired. Overstaying can lead to removal and future re-entry bans. |
| British Citizenship | Status that gives a person the right to live permanently in the UK, apply for a British passport, and access full civil rights. |
| Continuous Residence | Time spent living in the UK without significant absences. For the EUSS, no more than six months’ absence in any 12-month period generally counts as continuous residence. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
