The UK’s departure from the European Union fundamentally changed the legal framework governing immigration rights for EU, EEA and Swiss citizens. Prior to Brexit, nationals from these countries could move freely to the UK to live, work, study or join family members without needing immigration permission under the EU principle of free movement.
Although the UK formally left the EU on 31 January 2020, free movement rights continued during a transition period until 31 December 2020. After that date, EU, EEA and Swiss nationals who wish to live, work or study in the UK must generally rely on either the EU Settlement Scheme (EUSS) if they were already resident before the end of 2020, or a visa granted under the UK Immigration Rules. For an overview of the wider system and routes now in force, see our guide to the UK immigration system and the Home Office function of UK Visas and Immigration (UKVI).
The introduction of the EU Settlement Scheme ensured that millions of European nationals who had already built their lives in the UK could continue to reside lawfully. At the same time, the UK introduced a points-based immigration system which applies to both European and non-European nationals seeking to enter the UK after free movement ended.
However, the current immigration landscape can be confusing. Different rules apply depending on whether someone was living in the UK before the Brexit transition deadline, whether they are joining family members, working across borders, or seeking to enter the UK under a visa route. In addition, the UK has moved toward a digital status model for many routes. This shift also sits alongside the wider move to electronic status, including eVisas and digital records of immigration permission, which is explained in our guidance on the eVisa system and related issues such as the biometric residence permit where relevant.
What this article is about
This immigration guide for EU, EEA and Swiss citizens explains the key immigration routes available following Brexit. It outlines the legal framework governing entry and residence in the UK, including the EU Settlement Scheme, family permits, frontier worker permits and visa routes under the Immigration Rules, as well as how individuals can prove their lawful immigration status in practice. The guide is designed to provide a clear overview of the main options available to EU, EEA and Swiss nationals who wish to come to the UK or continue living here lawfully.
Section A: Post-Brexit Immigration Rules for EU, EEA & Swiss Citizens
Brexit marked a major turning point in the way immigration law applies to European nationals in the UK. While EU free movement previously allowed EU, EEA and Swiss citizens to move to the UK without needing immigration permission, the end of the transition period introduced a structured immigration system.
Understanding the terminology and legal changes introduced after Brexit is essential for determining which immigration routes may apply.
1. Who Counts as EU, EEA and Swiss Citizens in UK Immigration Law
In the context of UK immigration law, the terms EU, EEA and Swiss citizens refer to nationals of specific European states whose rights were previously governed by EU free movement law.
EU citizens are individuals who hold nationality in one of the European Union member states, such as France, Germany, Italy, Spain, Poland or Ireland. Prior to Brexit, these individuals could enter the UK without visas and exercise treaty rights by working, studying or living in the country.
EEA citizens include all EU citizens as well as nationals of Iceland, Liechtenstein and Norway. These countries are not members of the EU but participate in the European Economic Area agreement, which historically extended free movement rights to their nationals.
Swiss citizens are not part of the EU or the EEA, but Switzerland previously had bilateral agreements with the EU that granted Swiss nationals comparable mobility rights across EU member states, including the UK before Brexit.
Following the end of free movement, nationals from all of these countries are generally treated the same way under UK immigration law. This means that unless they already hold status under the EU Settlement Scheme or qualify under specific post-Brexit arrangements, they must apply under the UK’s standard immigration routes in the same way as other non-UK nationals, including routes that lead to leave to remain and settlement in the UK.
2. Key Brexit Immigration Dates
Several key dates determine which immigration rules apply to EU, EEA and Swiss citizens.
The first is 31 January 2020, when the United Kingdom formally left the European Union. Although Brexit took legal effect on this date, EU free movement rules continued temporarily under a transition arrangement.
The second crucial date is 31 December 2020, when the Brexit transition period ended. From this point onward, EU free movement rights ceased to apply in the UK. EU, EEA and Swiss nationals arriving in the UK after this date can still travel as visitors without a visa for short stays in many cases, but they generally need immigration permission under the Immigration Rules if they intend to work, study long term or settle.
Another important milestone is 30 June 2021, which was the main deadline for applications under the EU Settlement Scheme. EU, EEA and Swiss citizens who were living in the UK before the end of the transition period were required to apply for settled or pre-settled status by this date, although late applications may still be possible where applicants can demonstrate reasonable grounds for missing the deadline.
These dates remain central to determining whether someone can rely on the EU Settlement Scheme or must instead apply under the UK’s visa system.
3. What Replaced EU Free Movement
The end of free movement required the UK to introduce new mechanisms governing the residence rights of European nationals. Two main legal frameworks now apply.
The first is the EU Settlement Scheme (EUSS), which protects the residence rights of EU, EEA and Swiss citizens and their family members who were living in the UK before 31 December 2020. The scheme allows eligible applicants to obtain either settled status or pre-settled status, enabling them to continue living and working in the UK. Pre-settled status holders should be aware that Home Office policy changes introduced automatic extensions in some cases to prevent people from losing status where they have not yet obtained settled status, but this does not remove the importance of meeting the residence requirements and securing long-term status where eligible.
The second framework consists of the UK Immigration Rules, which apply to individuals arriving in the UK after free movement ended. These rules govern visa routes such as the Skilled Worker visa, the Health and Care Worker visa, Student visas and family visas.
Together, these systems replaced the automatic rights previously granted by EU law. Instead of free movement, individuals must now qualify under one of the specific immigration routes available.
4. What These Changes Mean in Practice
For EU, EEA and Swiss nationals, the post-Brexit system means that lawful residence in the UK now depends on holding valid immigration status.
Individuals who secured settled or pre-settled status under the EU Settlement Scheme can generally continue living, working and studying in the UK without needing a visa. Those who did not qualify under the scheme may need to apply under the Immigration Rules if they wish to remain or enter the UK.
The UK has also introduced a digital immigration status system, meaning that many people prove their immigration status online through a UK Visas and Immigration account rather than using physical documents. This system allows employers, landlords and other authorised parties to verify immigration status using share codes generated through the government’s online service. Share codes are not limited to EUSS holders and are also used by many visa holders with digital status, including those proving work permission through the right to work share code process.
These changes represent a significant shift from the previous free movement framework and make it increasingly important for EU, EEA and Swiss nationals to understand which immigration routes apply to their circumstances.
Section A Summary
Brexit fundamentally changed the immigration position of EU, EEA and Swiss citizens in the UK. Free movement ended on 31 December 2020 and was replaced by two main legal systems: the EU Settlement Scheme for those already living in the UK before that date, and the UK Immigration Rules for individuals arriving afterwards. Understanding these frameworks and the key Brexit deadlines is essential for determining which immigration options remain available.
Section B: Immigration Routes for EU, EEA & Swiss Citizens Coming to the UK
Following the end of EU free movement, EU, EEA and Swiss nationals who wish to come to the UK must generally rely on specific immigration routes set out under UK law. The available options depend largely on the individual’s circumstances, including whether they are joining a qualifying family member already living in the UK, continuing cross-border work arrangements established before Brexit, or seeking to enter the UK under a visa route.
Although EU nationals are now subject to the same visa framework as most other non-UK nationals, certain routes still exist specifically for European nationals with historic connections to the UK prior to the end of the Brexit transition period. These include the EU Settlement Scheme Family Permit and the Frontier Worker Permit.
Where these routes do not apply, EU, EEA and Swiss nationals can still come to the UK through the same visa routes available to other foreign nationals. Our general guidance on the UK visa system, the UK visa application process and UK visa processing times provides further detail on how these routes operate in practice.
1. EU Settlement Scheme Family Permit
The EU Settlement Scheme (EUSS) Family Permit allows certain non-UK family members of EU, EEA and Swiss nationals to travel to the UK and join their relative where that person already holds status under the EU Settlement Scheme or otherwise qualifies under the scheme.
The permit is designed to preserve family unity following Brexit by allowing close family members of eligible European nationals to enter the UK and later apply to the EU Settlement Scheme themselves.
An EUSS family permit is typically issued for six months and allows the holder to enter the UK, work and study during its validity. The permit also allows multiple entries into the UK during the six-month period. Importantly, there is no application fee for this permit.
Once the family member arrives in the UK using the permit, they will normally be expected to apply to the EU Settlement Scheme to obtain pre-settled or settled status if they wish to remain in the UK long term.
Eligibility for the EUSS family permit generally requires that the applicant is a close family member of a qualifying EU, EEA or Swiss national, or an eligible person of Northern Ireland, and that the family relationship existed before 31 December 2020, unless an exception applies such as a child born later. The sponsoring family member must either hold settled status, pre-settled status or have a pending EUSS application, and must be living in the UK or travelling to the UK with the applicant.
Close family members can include spouses, civil partners, durable partners, dependent children or grandchildren, and dependent parents or grandparents. Evidence of the family relationship and the sponsor’s immigration status will typically be required as part of the application.
Applications are made online and normally require applicants to provide identity documentation, evidence of their relationship to the sponsor and supporting evidence confirming the sponsor’s eligibility under the EU Settlement Scheme.
2. Frontier Worker Permit
The Frontier Worker Permit was introduced to protect the position of individuals who regularly worked in the UK while living in another country before the end of the Brexit transition period.
Frontier workers are individuals who reside primarily outside the UK but travel to the UK to work either as employees or self-employed persons. The permit ensures that these workers can continue their cross-border employment arrangements even after free movement ended.
To qualify for a Frontier Worker Permit, the applicant must have started working in the UK before 31 December 2020, continued working in the UK at least once in every 12-month period since that time and maintained their primary residence outside the UK. Applicants must also demonstrate that they are either employed in the UK or carrying out genuine self-employment in the UK.
The permit allows holders to enter the UK for work purposes without needing a visa, while continuing to live in another country. It also facilitates easier entry at the UK border for individuals travelling regularly for work.
Frontier Worker Permits are generally valid for five years for individuals who remain actively employed or self-employed. In some cases where a worker has retained worker status rather than being actively employed, the permit may be issued for a shorter period.
Importantly, the application for a Frontier Worker Permit is free of charge, although applicants must provide evidence of their work history, travel patterns and residence outside the UK.
3. UK Visa Routes for EU, EEA and Swiss Nationals
Where EU, EEA or Swiss nationals do not qualify for the EU Settlement Scheme or the Frontier Worker Permit, they may still come to the UK under the same immigration routes available to other foreign nationals.
The UK operates a points-based immigration system under the Immigration Rules, which governs most work and study routes. One of the most common routes is the Skilled Worker visa, which allows individuals to work in the UK if they have a job offer from a licensed UK sponsor for an eligible role that meets the relevant skill and salary requirements.
There are also specialist work routes, including the Health and Care Worker visa for eligible roles in health and social care, and visas for individuals recognised as leaders or emerging leaders in their field, such as the Global Talent route.
EU, EEA and Swiss nationals who wish to study in the UK may apply for a Student visa if they have been accepted onto a course with a licensed student sponsor and can demonstrate sufficient financial resources and English language ability. Where English language evidence is required, applicants may need to rely on an approved Secure English Language Test, including tests such as IELTS for UKVI and other approved options under the Secure English Language Test (SELT) framework.
Family routes also exist for individuals who wish to join a partner, spouse or family member who is settled in the UK or holds British citizenship. These visas typically require applicants to demonstrate a genuine relationship and that the sponsoring partner meets minimum income requirements.
In addition, many EU, EEA and Swiss nationals can travel to the UK as Standard Visitors for short stays, including tourism, visiting family or attending permitted business meetings. Visitor permission is normally granted for up to six months, but visitors cannot normally undertake employment in the UK, although limited business activities may be permitted. For related cost guidance, see our overview of UK visitor visa fees.
Individuals travelling through the UK en route to another destination may also need to check whether a transit visa UK requirement applies based on nationality and travel arrangements.
4. Healthcare Travel Under S2 Arrangements
EU, EEA and Swiss nationals may travel to the UK for planned medical treatment under the S2 healthcare arrangement, which allows patients to receive state-provided healthcare in another participating country with costs covered by their home healthcare system.
The S2 arrangement requires the patient to obtain prior authorisation from their national health authority before travelling for treatment. This authorisation is confirmed through an S2 certificate, which confirms that the patient’s treatment costs will be covered by their home country.
While the S2 scheme relates primarily to healthcare cooperation between states, it is not itself an immigration route. Individuals travelling to the UK for treatment must still comply with UK immigration requirements on entry. Depending on nationality, they may enter the UK under visitor rules or may need to apply for a Standard Visitor visa for medical treatment.
The S2 arrangement reflects continuing cooperation between the UK and European countries on healthcare matters following Brexit.
Section B Summary
Although EU free movement has ended, several immigration routes remain available for EU, EEA and Swiss nationals who wish to come to the UK. These include the EU Settlement Scheme Family Permit for qualifying family members, the Frontier Worker Permit for individuals who were already working in the UK before Brexit while living abroad, and a range of visa routes under the UK Immigration Rules. In addition, the S2 scheme supports planned healthcare travel, although individuals must still meet the UK’s immigration entry requirements. Understanding which route applies will depend on an individual’s personal circumstances and their connection to the UK before or after the end of free movement.
Section C: Immigration Options for EU, EEA & Swiss Citizens Already Living in the UK
For many EU, EEA and Swiss nationals, the most important immigration options relate to individuals who were already living in the UK before the end of the Brexit transition period on 31 December 2020. In order to protect the rights of those who had established their lives in the UK prior to Brexit, the UK government introduced the EU Settlement Scheme (EUSS).
The scheme allows eligible European nationals and their family members to secure their legal immigration status and continue living, working and studying in the UK. Individuals who were resident in the UK before the transition deadline were generally required to apply to the scheme by 30 June 2021, although late applications may still be accepted where there are reasonable grounds for missing the deadline.
Alongside the EU Settlement Scheme, EU, EEA and Swiss nationals may also rely on other immigration routes where appropriate, including the long residence route to Indefinite Leave to Remain. In addition, the UK has introduced a digital system for proving immigration status, which is now commonly used by employers, landlords and public authorities.
1. EU Settlement Scheme (EUSS)
The EU Settlement Scheme was established to safeguard the residence rights of EU, EEA and Swiss nationals and their family members who were living in the UK before the end of free movement.
Applicants under the scheme are granted either settled status or pre-settled status, depending on how long they have lived in the UK.
Settled status is granted to individuals who have lived in the UK continuously for at least five years. This status provides the right to remain in the UK indefinitely, along with the ability to work, study, access healthcare and public services, and potentially apply for British citizenship if the relevant naturalisation requirements are met. Costs and eligibility requirements vary and should be checked carefully, including current British citizenship requirements and associated fee considerations.
Pre-settled status is granted to individuals who were living in the UK before the end of the transition period but had not yet completed five years of continuous residence at the time of their application. This status allows individuals to remain in the UK for five further years, during which time they may become eligible to apply for settled status once they reach the five-year residence threshold.
While the main application deadline for the scheme was 30 June 2021, the Home Office may still accept late applications where the applicant can demonstrate reasonable grounds for missing the original deadline. This flexibility is particularly relevant for vulnerable applicants, children and individuals who may not have been aware of the requirement to apply.
Pre-settled status holders should also be aware that Home Office policy changes introduced automatic extensions in some cases to prevent individuals from losing status where they have not yet applied for settled status. However, eligibility for settled status still depends on meeting the residence requirements, and individuals should take steps to secure settled status when they qualify.
2. Moving from Pre-Settled Status to Settled Status
Individuals who were granted pre-settled status must normally apply for settled status once they complete five years of continuous residence in the UK.
Continuous residence generally means living in the UK for at least six months in every 12-month period during the five-year qualifying period, although certain exceptions exist for longer absences due to serious illness, study, pregnancy or overseas work postings.
To apply for settled status, applicants must demonstrate that they have maintained the required residence in the UK during the qualifying period. Evidence may include employment records, tax documents, tenancy agreements, bank statements or other documents that confirm residence in the UK.
Applications are made through the Home Office’s digital EU Settlement Scheme application system, which allows individuals to verify their identity and submit evidence electronically.
Obtaining settled status is important because it provides indefinite permission to remain in the UK, ensuring long-term immigration security.
3. Proving Immigration Status Using Share Codes
One of the most significant administrative changes introduced after Brexit is the move towards a fully digital immigration status system.
Individuals granted status under the EU Settlement Scheme do not normally receive a physical residence document confirming their immigration status. Instead, their status is stored electronically in the Home Office immigration system.
To prove their lawful status in the UK, individuals can access the government’s “View and Prove” service, which allows them to generate a temporary share code. This code can then be provided to employers, landlords or other organisations that need to verify immigration status.
Share codes are not limited to EUSS holders. Many visa holders with digital status also use share codes to demonstrate lawful immigration permission, including for employer compliance. For practical guidance, see our overview of the right to work share code process.
When a share code is entered on the relevant GOV.UK verification page along with the individual’s date of birth, the third party can view confirmation of the person’s immigration status and the rights attached to that status.
This system is widely used for right to work checks, right to rent checks and certain interactions with public authorities. The code itself is typically valid for 30 days, after which a new share code can be generated if required.
4. Long Residence (10-Year Route to Indefinite Leave to Remain)
In some circumstances, EU, EEA and Swiss nationals who are living in the UK may be eligible to apply for Indefinite Leave to Remain (ILR) under the long residence provisions of the Immigration Rules.
The long residence route allows individuals of any nationality to apply for ILR if they have lived in the UK lawfully for ten continuous years.
Continuous residence for the purpose of the long residence route generally requires that total absences from the UK during the ten-year period do not exceed 540 days, and that no single absence exceeds 180 days.
Applicants must also demonstrate that their residence during the ten-year period was lawful, meaning they held valid leave to enter or remain in the UK throughout the relevant period.
For EU nationals, this route may be relevant in cases where individuals cannot rely on the EU Settlement Scheme or where their immigration history includes time spent in the UK under different immigration categories. For those who lived in the UK before Brexit, periods of lawful residence under EU free movement law may also be relevant when assessing whether the ten-year lawful residence requirement is met.
Successful applicants under the long residence route are granted ILR, allowing them to live and work in the UK without time restrictions.
Section C Summary
EU, EEA and Swiss nationals who were living in the UK before the end of the Brexit transition period can generally rely on the EU Settlement Scheme to secure their immigration status. The scheme provides either settled or pre-settled status depending on the length of residence in the UK. Individuals with pre-settled status must apply for settled status once they meet the five-year residence requirement. In addition, the UK now uses a digital system for proving immigration status through share codes, while the long residence route offers an alternative pathway to ILR for individuals who have lived lawfully in the UK for ten years.
Section D: Practical Immigration Compliance for EU, EEA & Swiss Citizens
Since the end of EU free movement, immigration compliance has become an increasingly important aspect of everyday life for EU, EEA and Swiss nationals living or working in the UK. While many individuals now hold status under the EU Settlement Scheme, the move to a digital immigration system means that individuals must understand how to prove their rights when required.
Immigration status may need to be demonstrated in a variety of situations, including employment, renting accommodation, accessing certain services or interacting with public authorities. Failure to provide proof of lawful status when required can create practical difficulties, even for individuals who hold valid immigration permission.
For this reason, it is important for EU, EEA and Swiss nationals living in the UK to understand how the UK’s immigration verification systems work in practice.
1. Proving the Right to Work in the UK
Employers in the UK have a legal duty to verify that every employee has the right to work before employment begins. This requirement applies regardless of nationality and forms part of the UK’s broader immigration compliance framework.
For EU, EEA and Swiss nationals who hold digital immigration status, including under the EU Settlement Scheme, the right to work is normally confirmed through the Home Office online right to work checking service using a share code. The share code is generated through an individual’s UK Visas and Immigration account and provided to the employer, who then uses the code and the individual’s date of birth to verify the person’s work permission online.
The online system provides employers with confirmation of whether the individual has the right to work in the UK and whether any restrictions apply to their employment. For practical guidance on generating and using codes, see our resource on the right to work share code.
Employers must follow the correct verification process in order to establish a statutory excuse against potential civil penalties for illegal working.
2. Proving the Right to Rent Property
Immigration checks can also apply to private rental accommodation in England under the right to rent provisions. Landlords or letting agents are required to confirm that prospective tenants have lawful immigration status before granting a tenancy agreement.
For EU, EEA and Swiss nationals who hold digital immigration status, landlords can verify this status using the share code system. The individual generates a share code through their online immigration account and provides it to the landlord, who then confirms their immigration status through the official government portal.
These checks are designed to prevent individuals without lawful immigration status from accessing private rental accommodation, while ensuring that individuals with valid immigration permission can demonstrate their status through digital verification.
3. Common Immigration Issues After Brexit
Despite the introduction of the EU Settlement Scheme, a number of practical issues have arisen for EU, EEA and Swiss nationals navigating the post-Brexit immigration system.
One of the most common issues involves individuals who did not apply to the EU Settlement Scheme before the 30 June 2021 deadline. While the Home Office may accept late applications where reasonable grounds exist, individuals in this situation may experience uncertainty about their immigration status while their application is considered.
Another issue arises where individuals attempt to rely on immigration routes that do not apply to their circumstances. For example, some individuals mistakenly assume that historic EU free movement rights still apply or that prior residence in the UK automatically confers lawful immigration status.
There can also be practical problems where individuals cannot easily access their digital immigration account, particularly if their passport details have changed or if their account was created using outdated contact information. Issues around legacy EEA documentation and status evidence can arise in complex cases, including where earlier applications were refused or where individuals relied on historic documentation. For related context, see our guidance on EEA permanent residence refused scenarios.
These types of issues highlight the importance of maintaining accurate records of immigration status and ensuring that personal details linked to a UKVI account remain up to date.
4. When to Seek Immigration Advice
Although many immigration routes are designed to be accessible through the online application system, some situations may require professional immigration advice.
Individuals may benefit from advice if an EU Settlement Scheme application has been refused, if they are unsure whether they qualify for settled status, or if their residence history is complex. Similarly, individuals who are considering switching from one immigration route to another, or who are planning to apply for indefinite leave to remain or British citizenship, may wish to obtain advice to ensure that they meet the relevant requirements, including language and knowledge requirements such as the English test for citizenship.
Immigration rules can change frequently and individual circumstances can vary significantly, which means that tailored legal advice may help individuals avoid costly mistakes or delays.
Section D Summary
In the post-Brexit immigration system, EU, EEA and Swiss nationals must be able to demonstrate their lawful status when required. The UK now operates a digital immigration verification system that allows individuals to prove their rights through share codes generated via a UK Visas and Immigration account. These codes are commonly used for right to work checks and, in England, right to rent checks. Understanding how these systems operate, and keeping immigration records up to date, is an important part of ensuring ongoing compliance with UK immigration requirements.
FAQs: Immigration Guide for EU, EEA & Swiss Citizens
1. Do EU citizens still need a visa to come to the UK?
EU, EEA and Swiss citizens do not normally need a visa to enter the UK for short visits of up to six months for tourism, visiting family or permitted business activities. However, if an individual intends to work, study long term or live in the UK, they will generally need immigration permission under the UK Immigration Rules unless they already hold status under the EU Settlement Scheme.
Common work routes include visas such as the Skilled Worker visa or the Health and Care Worker visa, which require sponsorship from a licensed UK employer.
2. What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) was introduced to protect the rights of EU, EEA and Swiss citizens who were living in the UK before 31 December 2020.
The scheme grants either settled status or pre-settled status depending on how long the applicant has lived in the UK. Settled status is normally granted to individuals who have completed five years of continuous residence, while pre-settled status is granted to those who have not yet reached this threshold.
Individuals with settled status can remain in the UK indefinitely, while those with pre-settled status can remain for five years and may later apply for settled status once they meet the residence requirement.
3. Can EU citizens still move to the UK after Brexit?
Yes, EU, EEA and Swiss nationals can still move to the UK after Brexit, but they must usually apply for a visa under the UK’s immigration system.
This means that individuals must meet the eligibility requirements for a specific immigration route, such as a work visa, study visa or family visa. The UK’s points-based immigration system applies equally to European and non-European nationals seeking to enter the UK after the end of free movement.
4. What happens if someone missed the EU Settlement Scheme deadline?
The main deadline to apply to the EU Settlement Scheme was 30 June 2021. However, the Home Office may still accept late applications where the applicant can demonstrate reasonable grounds for missing the deadline.
Examples of reasonable grounds may include serious illness, lack of awareness of the scheme, or circumstances affecting vulnerable individuals. Where a late application is accepted, the applicant may still obtain settled or pre-settled status depending on their length of residence in the UK.
5. How do EU citizens prove their immigration status in the UK?
Most EU, EEA and Swiss nationals who hold status under the EU Settlement Scheme have digital immigration status rather than a physical document.
They can prove their status using the Home Office “View and Prove” service by generating a share code. The share code can then be given to employers, landlords or other organisations that need to verify the individual’s immigration status.
This system is commonly used for right to work checks and certain other immigration compliance processes.
6. Can EU citizens apply for Indefinite Leave to Remain?
Yes. EU, EEA and Swiss nationals may qualify for Indefinite Leave to Remain through several routes.
Many individuals will obtain indefinite residence through settled status under the EU Settlement Scheme. Others may qualify under different immigration routes, such as the ten-year long residence route if they have lived lawfully in the UK for a continuous ten-year period.
Once an individual has indefinite leave to remain or settled status, they may later become eligible to apply for British citizenship if they meet the relevant residence and good character requirements.
Conclusion
Brexit fundamentally reshaped the immigration landscape for EU, EEA and Swiss nationals who wish to live, work or study in the United Kingdom. The end of EU free movement on 31 December 2020 replaced the previous system of automatic residence rights with a structured immigration framework governed primarily by the EU Settlement Scheme and the UK Immigration Rules.
For those who were already living in the UK before the end of the transition period, the EU Settlement Scheme remains the most important mechanism for securing lawful immigration status. Individuals granted settled status or pre-settled status can generally continue living and working in the UK with many of the same rights they previously enjoyed under EU free movement law.
For EU, EEA and Swiss nationals seeking to come to the UK after free movement ended, the position is different. In most cases, individuals must now apply under the UK’s visa system, which includes routes for skilled workers, students, family members and visitors. Some specialised arrangements still exist for individuals with pre-Brexit connections to the UK, such as the EU Settlement Scheme Family Permit or the Frontier Worker Permit.
The introduction of a digital immigration status system also means that individuals must understand how to prove their lawful status when required. Share codes generated through the Home Office online service are now commonly used to confirm the right to work and, in England, the right to rent property, as well as other immigration entitlements.
Understanding which immigration route applies will depend largely on an individual’s personal circumstances, particularly whether they were living in the UK before the Brexit transition deadline. As immigration rules continue to evolve, it is important for EU, EEA and Swiss nationals to remain aware of the legal requirements that apply to their status in the UK and to ensure that their immigration records remain accurate and up to date.
Glossary
| Brexit | The withdrawal of the United Kingdom from the European Union. The UK left the EU on 31 January 2020 and the transition period ended on 31 December 2020. |
| EU Settlement Scheme (EUSS) | A Home Office scheme allowing eligible EU, EEA and Swiss nationals and their family members who were living in the UK by 31 December 2020 to secure immigration status to continue living in the UK. |
| Settled status | Status granted under the EU Settlement Scheme to individuals who have completed five years of continuous residence in the UK, allowing them to remain indefinitely. |
| Pre-settled status | Status granted under the EU Settlement Scheme to eligible individuals who were living in the UK by 31 December 2020 but had not yet completed five years of continuous residence at the time of application. |
| EU Settlement Scheme Family Permit | A permit allowing certain eligible family members of qualifying EU, EEA and Swiss nationals, or eligible persons of Northern Ireland, to enter the UK and later apply under the EU Settlement Scheme. |
| Frontier Worker Permit | A permit allowing eligible EU, EEA and Swiss nationals who worked in the UK before 31 December 2020 while living abroad to continue to enter and work in the UK without needing a work visa. |
| Share code | A time-limited digital code used to prove immigration status online, commonly used for right to work checks and, in England, right to rent checks. |
| Indefinite Leave to Remain (ILR) | Immigration permission to live and work in the UK without time limits. EU, EEA and Swiss nationals may obtain ILR through settled status under EUSS or through other routes such as long residence. |
| Long residence | An Immigration Rules route allowing applicants to apply for ILR after ten years of continuous lawful residence in the UK, subject to residence and absence requirements. |
| Continuous residence | A requirement used across immigration routes, generally meaning residence in the UK without excessive absences during a qualifying period. |
Useful Links
| EU Settlement Scheme | https://www.gov.uk/settled-status-eu-citizens-families |
| Frontier Worker Permit | https://www.gov.uk/frontier-worker-permit |
| View and Prove Immigration Status | https://www.gov.uk/view-prove-immigration-status |
| UK Immigration System Overview | https://www.davidsonmorris.com/uk-immigration/ |
| UK Visas and Immigration (UKVI) | https://www.davidsonmorris.com/ukvi/ |
| Right to Work Share Code Guidance | https://www.davidsonmorris.com/right-to-work-share-code/ |
| Skilled Worker Visa Guide | https://www.davidsonmorris.com/skilled-worker-visa/ |
| Health and Care Worker Visa Guide | https://www.davidsonmorris.com/health-and-care-visa/ |
| Indefinite Leave to Remain Guide | https://www.davidsonmorris.com/indefinite-leave-to-remain/ |
| UK Visitor Visa Fees | https://www.davidsonmorris.com/uk-visitor-visa-fees/ |
