Introduction: What Changed After Brexit?

Before Brexit, EU citizens enjoyed freedom of movement within the European Union, which meant they could live and work in the UK without a visa or any immigration permission. The UK’s departure from the EU ended this automatic right on 31 December 2020, marking a fundamental shift in immigration rules.

Brexit didn’t just affect trade and borders — it also reshaped the legal status of millions of EU citizens already living in the UK, and it has changed the process for those who wish to come to the UK now. At the core of this change is the EU Settlement Scheme (EUSS), which determines residency and work rights for EU citizens and their families.

1. Residency Rights: Before and After Brexit

EU Citizens Who Already Lived in the UK Before Brexit

For EU citizens who were living in the UK before 31 December 2020, Brexit didn’t mean losing all their rights immediately. These individuals are covered by the EU–UK Withdrawal Agreement, an international treaty that protects their rights to live, work, and access public services in the UK much as they did before Brexit.

However, while their existing rights were safeguarded, the legal basis for these rights changed:

• The UK now controls its own immigration system, so EU free movement rules no longer apply in UK law.

• To continue living and working legally in the UK, eligible individuals had to apply to the EU Settlement Scheme (EUSS).

If they applied successfully, their residence rights under the Withdrawal Agreement were transformed into a formal immigration status under UK law.

EU Citizens Who Arrived After Brexit

For EU nationals who moved to the UK after 31 December 2020, the situation is very different. There’s no automatic right to live or work in the UK based on EU citizenship alone. Instead:

• They must apply for a visa under the UK’s points-based immigration system — for example, a Skilled Worker Visa — if they want to live and work in the UK.

• Short visits (up to 6 months) for tourism or short business trips generally require an ETA (Electronic Travel Authorisation) for non-Irish nationals.

This change reflects how Brexit ended the principle of free movement between the UK and EU countries.

2. Work Rights: What They Mean Now

For EU Citizens Covered by the Withdrawal Agreement

EU citizens who already lived in the UK and successfully applied for status under the EUSS have the right to work just like before Brexit. That means:

• They can take up employment or become self-employed.

• They don’t need a separate work permit or visa.

• Employers must check their immigration status, but not their nationality.

For these individuals, the practical experience of working in the UK hasn’t changed in major ways — although they now need an immigration status document (digital or physical) to prove their right to work, rather than relying on EU free movement rights.

For EU Citizens Arriving After Brexit

EU citizens who arrive after the transition period must follow the same immigration rules as non-EU nationals:

• Most will need a work visa (e.g., Skilled Worker Visa) linked to a job offer from a licensed sponsor.

• Visa requirements include meeting specific criteria such as skill level, salary threshold, and English language ability.

In other words, working in the UK post-Brexit now depends on UK immigration law, not EU membership.

3. The EU Settlement Scheme: Settled, Pre-Settled, and Status Changes

The EU Settlement Scheme (EUSS) is central to understanding post-Brexit rights for EU citizens already living in the UK. It’s an immigration route that protects the rights of those who were resident before the end of 2020, under the terms of the Withdrawal Agreement.

a. Settled Status (Indefinite Leave to Remain)

Settled status is the most secure immigration status under the EUSS. In practical terms, it:

• Allows you to live in the UK indefinitely with no time limit on your stay.

• Provides full access to employment, education, healthcare, public services, and benefits (subject to eligibility).

• Often allows you to be absent from the UK for up to five consecutive years (for most people) without losing your status.

• Offers a route to apply for British citizenship after a specified period (typically 12 months after settled status).

To be eligible, a person generally had to have lived in the UK for at least five continuous years before applying.

b. Pre-Settled Status

If someone had lived in the UK but not yet reached five years of continuous residence by the time they applied, they would be granted pre-settled status:

• This status lets them stay in the UK until they reach five years’ residence.

• Once five years are completed, they can apply for settled status.

Recent administrative changes aim to make the transition to settled status smoother, with some automatic extensions for pre-settled holders.

c. Consequences of Not Applying

The deadline for applying to the EUSS was 30 June 2021, but late applications are still possible if there are valid reasons for missing the deadline — for example, serious medical or compassionate reasons.

However, holding no status or failing to switch from pre-settled to settled status in due time can have serious consequences, such as loss of the right to live, work, access housing, and claim benefits in the UK.

4. Practical Challenges and Realities

Even though the legal framework aims to protect rights, many EU citizens have reported challenges in practice:

• Surveys have shown that a significant number of EU citizens in the UK have experienced difficulty dealing with public bodies or accessing rights, sometimes due to confusion or administrative barriers.

These experiences highlight that legal rights and real-world access are not always the same, especially in a system that’s relatively new and complex.

5. Other Post-Brexit Developments

The UK continues to refine its immigration system, and policy discussions around work visas, mobility schemes for young people, and broader immigration reforms are ongoing. For example:

• The UK and EU have been in talks about a youth mobility scheme that would allow limited work and travel opportunities for young people from both sides.

While such developments don’t change the core rights under the EUSS, they reflect ongoing negotiation and policy evolution as the UK defines its post-Brexit relationship with the EU.

Conclusion: What It All Means

Brexit fundamentally changed the legal landscape for EU citizens in the UK:

• Residency rights are no longer automatic — they must be secured through the EU Settlement Scheme for those who lived in the UK before Brexit.

• Work rights now depend on immigration status or visas rather than EU free movement.

• Settled status offers security and permanence but requires meeting specific residence requirements and maintaining immigration status.

For EU citizens who moved after Brexit, the UK’s points-based immigration system is now the main pathway to work and live there.

Understanding these changes — and keeping immigration status up to date — is essential for EU citizens who want to make the UK their home in a post-Brexit world.