This comprehensive guide covers EU citizens rights in the UK following Brexit, including the latest 2026 updates to the EU Settlement Scheme, the new 30-month qualifying rule for settled status, automatic status conversions, and voting rights. Whether you're an EU national who settled in the UK before Brexit or an employer relying on EU workers, understanding these protected rights—and recent changes—is essential. The Withdrawal Agreement continues to safeguard the rights of over 5 million EU citizens who applied to the EU Settlement Scheme, and importantly, the proposed 10-year "earned settlement" pathway will NOT affect existing EUSS holders.
- The Evolution of EU Free Movement Rights
- EU Settlement Scheme 2026: Your Rights Explained
- Pre-Settled Status: 2026 Updates & Pathway to Settlement
- Voting Rights for EU Citizens in the UK
- Earned Settlement Consultation: What It Means for EUSS Holders
- Support Services for EU Citizens
- Frequently Asked Questions
EU Citizens Rights in the UK After Brexit 2026
The EU citizens rights landscape in the UK has been shaped by the Withdrawal Agreement negotiated between the UK and EU. This agreement protects the rights of EU, EEA, and Swiss nationals who were living in the UK before 31 December 2020 and successfully applied to the EU Settlement Scheme. Over 5.7 million applications have been received, making it the largest immigration scheme in UK history.
The protections under the EU Settlement Scheme are guaranteed by the Withdrawal Agreement, which has the force of an international treaty. This means that regardless of future UK immigration policy changes—including the proposed "earned settlement" 10-year pathway—EUSS holders retain their rights as negotiated during Brexit. The Home Office confirmed this exemption to the Independent Monitoring Authority in July 2025.
The Evolution of EU Free Movement Rights: 1973 to 2026
Understanding the current rights of EU citizens in the UK requires appreciating how free movement developed over more than five decades. The UK's relationship with European integration has been unique from the start—joining later than the founding members, securing various opt-outs, and ultimately choosing to leave.
From Coal and Steel to Citizenship: A Brief History
The story of European free movement begins not with tourism or family reunification, but with heavy industry. In 1952, Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany pooled their coal and steel production under the European Coal and Steel Community (ECSC). This was primarily about preventing another war by making France and Germany economically interdependent, but it included provisions for the mobility of workers in these industries—the first seeds of free movement.
The 1957 Treaty of Rome, establishing the European Economic Community (EEC), expanded this to free movement of workers across all sectors. However, this was economic free movement—you needed to be working, seeking work, or economically self-sufficient. The transformation came with the Maastricht Treaty in 1992, which created EU citizenship and gave all EU nationals the right to live anywhere in the EU, regardless of economic activity.
The 2004 enlargement was particularly significant for the UK. When 10 new countries joined the EU—including Poland, the Czech Republic, and Hungary—only the UK, Ireland, and Sweden opened their labour markets immediately. Other EU members imposed transitional restrictions lasting up to 7 years. This policy decision led to substantial migration flows to the UK and became a major factor in the Brexit debate.
EU Settlement Scheme 2026: Your Rights Explained
EU citizens with settled or pre-settled status have the right to live and work in the UK indefinitely (settled) or for up to 5 years with extensions (pre-settled), access NHS healthcare, claim benefits if eligible, study, bring family members, and apply for British citizenship. These rights are protected by the Withdrawal Agreement regardless of future UK immigration policy changes.
The EU Settlement Scheme remains open for late applications from those who had "reasonable grounds" for missing the June 30, 2021 deadline, and for family members joining EUSS holders. The scheme grants either settled status (for those with 5+ years' residence) or pre-settled status (for those with less).
- Work: Unrestricted right to work for any employer in any role
- Healthcare: Full access to NHS services on the same basis as UK residents
- Benefits: Eligible for social benefits (Universal Credit, Child Benefit, etc.) if meeting criteria
- Education: Access to education and student finance (home fee status)
- Family: Right to bring close family members via EUSS Family Permit
- Citizenship: Can apply for British citizenship after 12 months with settled status
- Travel: Right to leave and return to UK (absences over 2 years may affect status)
What's the Difference Between Settled and Pre-Settled Status?
You can check and prove your immigration status using the View and Prove service on gov.uk. This generates a share code that employers and landlords can use to verify your right to work and rent. Importantly, since 2025, share codes for pre-settled status holders no longer display expiry dates, meaning employers don't need to schedule repeated right-to-work checks.
Pre-Settled Status: 2026 Updates and Pathway to Settlement
The 30-month rule (from July 16, 2025) allows pre-settled status holders to qualify for settled status with just 30 months' residence in the most recent 60-month period—a significant relaxation from the previous 5-year continuous residence requirement. The Home Office is also automatically converting eligible pre-settled holders to settled status and extending pre-settled status before expiry.
The most significant change for pre-settled status holders came in July 2025 with the introduction of the 30-month rule. Previously, you needed 5 years' continuous residence to qualify for settled status, with strict limits on absences. Now, if you have spent at least 30 months in the UK within the most recent 60-month period (roughly 2.5 years out of the last 5), you can apply for—or be automatically granted—settled status.
Automatic Conversion to Settled Status
Since January 2025, the Home Office has been automatically upgrading eligible pre-settled status holders to settled status without requiring an application. The Home Office uses data from HMRC (tax records), DWP (National Insurance), and border crossing records to determine eligibility. If you qualify, you'll receive an email notification confirming your upgrade to settled status.
Automatic Pre-Settled Status Extensions
Pre-settled status is now automatically extended for 5 years before it expires. You don't need to apply for an extension. This was implemented to ensure that no one loses their immigration status simply because they forgot to apply for settled status or faced barriers to doing so. The automatic extension gives you time to either be automatically converted to settled status or to apply manually.
Voting Rights for EU Citizens in the UK
EU citizens who were UK residents before January 1, 2021, retain voting rights in local elections if they maintain lawful immigration status. Those arriving after this date can only vote if their home country has a bilateral agreement with the UK. EU citizens cannot vote in UK general elections regardless of their status.
Brexit significantly changed voting rights for EU citizens in the UK. Previously, all EU citizens could vote in local and European Parliament elections. The situation is now more complex and depends on when you arrived and which country you're from.
Scotland and Wales have extended voting rights to all foreign nationals with lawful residence, including EU citizens, for their devolved elections. This includes Scottish Parliament elections, Welsh Senedd elections, and local council elections in these nations. England and Northern Ireland have not made equivalent changes, so voting rights there depend on your arrival date and bilateral agreements.
What Does the "Earned Settlement" Consultation Mean for EUSS Holders?
The November 2025 Immigration White Paper proposes extending the settlement qualifying period from 5 years to 10 years for most migrants. However, this will NOT apply to EU Settlement Scheme holders. The Home Office confirmed to the Independent Monitoring Authority in July 2025 that EUSS rights are protected by the Withdrawal Agreement and will not be affected by any new earned settlement rules.
The UK-EU Withdrawal Agreement is an international treaty that the UK is legally bound to honour. The December 2025 Citizens' Rights Committee meeting between UK and EU officials addressed ongoing issues, including the "true and extra cohort" of people who may still be eligible for EUSS but haven't applied. The Border Security, Asylum and Immigration Act 2025 included provisions to address some of these concerns.
For those on other visa routes, such as the Skilled Worker visa or family visas, the earned settlement proposal would potentially extend the pathway to Indefinite Leave to Remain from 5 to 10 years. But this is distinct from EUSS rights.
Support Services for EU Citizens in the UK
Several organisations provide support to EU citizens navigating the post-Brexit landscape, including free legal advice for those with complex cases or who face barriers to securing their status.
- Settled: Charity providing free immigration advice and casework support
- the3million: Advocacy organisation representing EU citizens in the UK
- Citizens Advice: General advice including immigration matters
- Independent Monitoring Authority: Oversees protection of citizens' rights under Withdrawal Agreement
- Home Office Resolution Centre: For EUSS application support (0300 123 7379)
If you're an EU citizen who hasn't yet applied to the EUSS but believes you were in the UK before December 31, 2020, it may not be too late. Late applications are accepted if you have "reasonable grounds" for missing the deadline. Seek advice from one of the organisations above to understand your options.
- EUSS rights are protected by the Withdrawal Agreement and unaffected by new immigration policies
- The 30-month rule makes it easier to qualify for settled status (30 months in last 60 months)
- Automatic conversions and extensions mean no one should lose status due to administrative oversight
- Voting rights depend on arrival date, nationality, and location within the UK
- The proposed 10-year "earned settlement" will NOT apply to EUSS holders
For EU nationals who arrived in the UK after December 31, 2020, the situation is different. Short visits (up to 6 months) now require an ETA for most EU citizens, while work, study, or longer stays require appropriate visas. Country-specific guides are available for French citizens, German citizens, Italian citizens, Polish citizens, and others.
For information on bringing family members to join you under the EUSS, see our guide on the EUSS Family Permit. For those considering British citizenship after reaching settled status, see our guide on naturalisation requirements.
Frequently Asked Questions
What rights do EU citizens have in the UK after Brexit?
EU citizens with settled or pre-settled status under the EU Settlement Scheme have the right to live and work in the UK, access NHS healthcare, claim benefits if eligible, study, bring close family members, and apply for British citizenship. These rights are protected by the UK-EU Withdrawal Agreement and are not affected by any new UK immigration policies.
Can EU citizens still get settled status in 2026?
Yes, if you were living in the UK before December 31, 2020, and have "reasonable grounds" for missing the June 30, 2021 deadline, you can still apply. Additionally, close family members of EUSS holders can apply through the EUSS Family Permit route. Pre-settled status holders can upgrade to settled status once they meet the 30-month qualifying period.
What is the 30-month rule for pre-settled status?
The 30-month rule (introduced July 16, 2025) allows pre-settled status holders to qualify for settled status if they have spent at least 30 months in the UK within the most recent 60-month period. This is more flexible than the previous requirement of 5 years' continuous residence, allowing for longer absences while still qualifying.
Can EU citizens vote in UK elections?
EU citizens cannot vote in UK general elections. For local elections, those who were resident before January 1, 2021, and maintain lawful status can vote across the UK. Those arriving after this date can only vote in local elections if their home country has a bilateral agreement with the UK (currently Spain, Portugal, Luxembourg, and partially Poland). In Scotland and Wales, all foreign nationals with lawful residence can vote in devolved elections.
Will the 10-year settlement rule affect EUSS holders?
No. The proposed "earned settlement" 10-year pathway from the November 2025 Immigration White Paper will NOT apply to EU Settlement Scheme holders. The Home Office confirmed this to the Independent Monitoring Authority in July 2025. EUSS rights are protected by the UK-EU Withdrawal Agreement, which has the force of international law and takes precedence over domestic immigration policy changes.
Can EU citizens access NHS and benefits?
Yes. EU citizens with settled or pre-settled status have full access to NHS healthcare on the same basis as UK residents. They can also claim social benefits (Universal Credit, Child Benefit, housing support, etc.) if they meet the eligibility criteria, which typically require being habitually resident in the UK. There is no Immigration Health Surcharge for EUSS holders.
What happens if my pre-settled status expires?
Pre-settled status is now automatically extended for 5 years before it expires—you don't need to apply. If you meet the 30-month qualifying period, the Home Office may automatically upgrade you to settled status. If not automatically upgraded, you can apply manually for settled status. Share codes for pre-settled status no longer show expiry dates, so employers and landlords don't need to schedule repeated checks.
Can I bring family members to the UK under EUSS?
Yes, close family members can join EUSS holders through the EUSS Family Permit. Eligible family members include spouses/civil partners, children under 21, dependent children over 21, dependent parents and grandparents, and durable partners. The relationship must have existed before December 31, 2020 (with exceptions for Swiss nationals). The EUSS Family Permit is free and allows travel to the UK to apply for settled or pre-settled status.