EU Nationals in the UK After Brexit: Your Rights in 2026
What you need to know
- •EU nationals resident before 31 December 2020 should have applied to the EU Settlement Scheme.
- •Settled status gives you indefinite leave to remain. Pre-settled status lasts 5 years and should be upgraded.
- •New EU arrivals after Brexit need a visa such as a Skilled Worker or Student visa.
- •EUSS holders can access the NHS, work freely, and claim benefits on the same basis as British citizens.
EU nationals who were resident in the UK before 31 December 2020 secured their rights through the EU Settlement Scheme. Those with settled status have indefinite leave to remain, while pre-settled status holders should upgrade before their status expires. EU nationals arriving after Brexit need a visa just like any other non-British citizen. This guide covers rights, entitlements, and practical steps for EU nationals in 2026.
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The EU Settlement Scheme: A Quick Recap
When the UK left the European Union, the government created the EU Settlement Scheme (EUSS) to protect the rights of EU, EEA, and Swiss nationals already living in the UK. The scheme opened in March 2019 and the original deadline to apply was 30 June 2021.
If you were continuously resident in the UK for 5 years by 31 December 2020, you qualified for settled status. If you had less than 5 years' continuous residence, you received pre-settled status, with the option to upgrade to settled status once you reached the 5-year mark.
Over 7 million applications were received by the Home Office, making it one of the largest immigration programmes in UK history. The vast majority of EU nationals who were living in the UK have now secured their status. However, some people missed the deadline. If that applies to you, see our guide on EUSS late applications.
Settled Status: What It Means in 2026
Settled status under the EUSS is equivalent to indefinite leave to remain (ILR). It gives you the right to live and work in the UK permanently, access the NHS, claim benefits, and study. You can also apply for British citizenship once you meet the residency and other requirements.
There is one important limitation: settled status can lapse if you spend more than 5 continuous years outside the UK (compared to 2 years for standard ILR). Swiss nationals have a more generous 4-year absence rule under the Citizens' Rights Agreement.
In 2026, settled status holders should be aware that physical BRP cards are being phased out and replaced with eVisas. You should create a UKVI account and ensure your digital immigration status is up to date. Your settled status itself does not change, but how you prove it to employers and landlords is shifting to digital proof.
Pre-Settled Status: Upgrading Before It Expires
Pre-settled status is temporary. It lasts for 5 years from the date it was granted. If you received pre-settled status in 2021, yours will expire in 2026. It is critical that you apply to upgrade to settled status before this happens.
To upgrade, you need to show that you have completed 5 years' continuous residence in the UK. The application is free and can be made online through the GOV.UK EUSS page.
Since 2024, the Home Office has been automatically extending pre-settled status for people who have not yet upgraded, to prevent anyone from losing their rights accidentally. However, you should not rely on automatic extensions. Apply to upgrade as soon as you are eligible.
If your continuous residence has been broken (for example, by spending more than 6 months outside the UK in any 12-month period), you may not qualify for settled status. Seek legal advice in this situation, as there may be exceptions for absences due to COVID-19, military service, or other important reasons.
New EU Arrivals After Brexit
If you are an EU national who arrived in the UK after 31 December 2020, you are subject to the same immigration rules as nationals of any other country. You need a visa to live and work in the UK.
The most common routes for EU nationals moving to the UK in 2026 include:
- Skilled Worker visa: For those with a job offer from a licensed sponsor. See our Skilled Worker visa guide.
- Student visa: For those studying at a UK institution. See our Student visa guide.
- Global Talent visa: For leaders and emerging leaders in academia, arts, or technology. See our Global Talent visa guide.
- Youth Mobility Scheme: Available to nationals of some EU countries through bilateral agreements.
- Family visas: If you have a British citizen or settled person family member. See our spouse visa guide.
EU nationals visiting the UK for tourism or short business trips can enter without a visa for up to 6 months, but cannot work during this time. From 2025, visitors from EU countries not requiring a visa need an Electronic Travel Authorisation (ETA).
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Working Rights and Employment
Your right to work in the UK depends entirely on your immigration status. EU nationals with settled or pre-settled status can work for any employer without restriction. Employers verify your right to work through the online right to work check service.
If you arrived after Brexit and hold a Skilled Worker visa, you are tied to the employer named on your certificate of sponsorship. You can change employers, but must apply for a new visa each time. See our guide on changing jobs on a Skilled Worker visa.
EU nationals with settled status have the same employment rights as British citizens, including no restrictions on self-employment, starting a business, or working in the public sector.
Benefits, Healthcare, and Housing
Settled status holders can access the full range of UK public services:
- NHS: Free at the point of use, same as British citizens.
- Benefits: Eligible for Universal Credit, housing benefit, child benefit, and other means-tested benefits, subject to the habitual residence test.
- Housing: Can rent privately without restriction and may be eligible for council housing.
- Education: Eligible for home fee status and student finance in England (rules vary in Scotland, Wales, and Northern Ireland).
Pre-settled status holders have more limited access to benefits. Since 2024, the habitual residence test applies differently to pre-settled status holders, and eligibility depends on whether you are economically active (working, self-employed, or a jobseeker).
Path to British Citizenship
EU nationals with settled status can apply for British citizenship once they meet the standard naturalisation requirements. This typically means holding settled status for at least 12 months, being resident in the UK for 5 years with limited absences, passing the Life in the UK test, and meeting the English language requirement.
For a detailed walkthrough, see our guide on citizenship for EU nationals and our citizenship after ILR guide.
The UK allows dual citizenship, so you do not need to give up your EU nationality when becoming British. Check whether your home country also permits dual nationality.
What to Do If You Have Not Applied to the EUSS
If you were living in the UK before 31 December 2020 but did not apply to the EU Settlement Scheme by the 30 June 2021 deadline, you may still be able to make a late application. The Home Office continues to accept late applications where there are reasonable grounds for missing the deadline.
Read our detailed guide on EUSS late applications for the full process, acceptable reasons, and what evidence to submit.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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