EU Nationals in the UK After Brexit: Your Rights

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.

It is free to apply, and it still is. Some people missed the deadline, and GOV.UK says you can still apply if the deadline for you was after 30 June 2021, or if you have reasonable grounds for applying late. 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 limitation, and it is more generous than the rule for settlement on other routes. GOV.UK says: “You can spend up to 5 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. If you enter the UK for any amount of time during that 5 years, you’ll then be able to spend up to 5 more years outside the UK.” Settlement granted on other routes lapses after 2 years away.

Swiss citizens are the exception, and in the other direction: “If you’re a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your settled status.” Four, not five.

EU Settlement Scheme status has always been digital, so nothing about proving it changed when eVisas replaced physical documents elsewhere. You still need a UK Visas and Immigration account to see your status and generate a share code. See our eVisa guide.

Pre-Settled Status: What Happens When It Runs Out

This is the part that has changed, and the change is in your favour. GOV.UK now says of pre-settled status: “it will be extended by 5 years just before it’s due to expire”, and that you get an email when it happens. It adds that your extended pre-settled status “may be automatically converted to settled status or you can apply for settled status”.

So pre-settled status does not quietly lapse and leave you without permission to be here. It also does not become settled status by itself in every case, and settled status is the stronger position — it is permanent, and it is what a citizenship application counts from.

To move to settled status you show 5 years' continuous residence in the UK. The application is free and is made online through the GOV.UK EUSS page.

Pre-settled status is also harder to lose than people assume. GOV.UK says: “You’ll lose your pre-settled status automatically if you spend more than 5 years in a row outside the UK, the Channel Islands or the Isle of Man.” Five years, not two.

Continuous residence is the separate test, and it is stricter: it is broken by absences of more than 6 months in any 12-month period, with exceptions for a single longer absence for an important reason. If your absences are near that line, an adviser regulated by the Immigration Advice Authority can tell you how the published rule applies to your dates.

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 that time. They do need an electronic travel authorisation, which costs £20 and covers visits of up to 6 months. One thing it is not needed for: transiting through a UK airport without passing through border control.

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 it takes a new application, and GOV.UK is explicit about the timing: “You should not start your new job until you’ve got confirmation of your new permission.” Submitting the application is not enough. You can carry on in your current job while you wait. 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 narrower access to benefits than settled status holders. Pre-settled status on its own does not pass the right-to-reside part of the habitual residence test: a further right to reside, such as being a worker, self-employed, a jobseeker or a family member of one, is generally needed as well. The rules here are detailed and have been litigated, so check the current position on GOV.UK for the specific benefit before relying on it.

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.

Questions and answers