The UK’s withdrawal from the European Union fundamentally altered the legal basis on which EU, EEA and Swiss nationals can live in the UK.
Prior to Brexit, these individuals were able to enter and reside in the UK under EU free movement rights, without requiring leave under domestic immigration law.
Although the UK formally exited the EU on 31 January 2020, those rights continued during the transition period until 31 December 2020. From that point onwards, free movement ceased to apply.
As a result, EU, EEA and Swiss nationals now fall into one of two categories:
• those who were resident in the UK before 31 December 2020, who may rely on the EU Settlement Scheme
• those arriving after that date, who must apply under the UK Immigration Rules
Legal Framework After Brexit
The current position is governed by two distinct systems.
The first is the EU Settlement Scheme, which preserves residence rights for eligible EU, EEA and Swiss nationals and their family members who were living in the UK before the end of the transition period.
The second is the UK’s points-based immigration system, which applies to all individuals seeking to enter the UK after free movement ended, regardless of nationality.
This represents a shift away from automatic residence rights towards a permission-based system requiring individuals to qualify under specific routes.
Key Dates
In practice, eligibility under the different frameworks is determined by a small number of critical dates:
• 31 January 2020 – UK formally leaves the EU
• 31 December 2020 – end of free movement
• 30 June 2021 – main deadline for EUSS applications
Whether an individual can rely on the EU Settlement Scheme or must apply under the Immigration Rules will generally depend on their residence position before 31 December 2020.
EU Settlement Scheme (EUSS)
The EU Settlement Scheme was introduced to secure the position of those who had already established residence in the UK prior to Brexit.
Applicants are granted one of two forms of status:
Settled status – where the individual has completed five years’ continuous residence
Pre-settled status – where the individual had not yet reached that threshold
Both forms of status permit residence and access to work and study, but only settled status provides indefinite leave to remain.
Pre-settled status holders must ensure that they meet the residence requirements and apply for settled status once eligible.
Residence Requirements
Continuous residence remains central to the scheme.
In most cases, this requires residence in the UK for at least six months in any twelve-month period, subject to limited exceptions.
Issues frequently arise where individuals have extended absences or insufficient documentary evidence of residence.
Eligibility is determined not only by physical presence, but by the ability to evidence that presence to the required standard.
Late Applications
Although the primary deadline for EUSS applications was 30 June 2021, late applications may still be accepted where there are reasonable grounds.
This is not an automatic concession. Applicants must provide a credible explanation supported by evidence.
The Home Office will assess whether the reasons for delay justify acceptance of a late application.
Family Members
The framework continues to allow certain family members of EU, EEA and Swiss nationals to enter and remain in the UK.
This is typically done via the EU Settlement Scheme Family Permit, which allows entry to the UK with a view to applying under the EUSS.
Eligibility depends on the nature of the relationship and, in many cases, whether that relationship existed before the end of the transition period.
Frontier Workers
Separate provisions exist for individuals who were working in the UK before 31 December 2020 while residing elsewhere.
The Frontier Worker Permit allows such individuals to continue their work arrangements without requiring a work visa, provided they meet ongoing eligibility requirements.
Immigration Routes Outside EUSS
Where an individual does not qualify under the EUSS or related routes, they must apply under the UK Immigration Rules.
This includes work, study and family routes such as:
• Skilled Worker
• Student
• Family visas
EU, EEA and Swiss nationals are now treated in the same way as other non-UK nationals in this respect.
Digital Immigration Status
The UK has transitioned to a digital immigration system.
Status is typically held electronically and must be evidenced through the Home Office “View and Prove” service.
Individuals generate a share code, which can be used by employers, landlords and other third parties to verify immigration status.
This applies not only to EUSS holders but across multiple immigration routes.
Summary
Brexit replaced the previous system of free movement with a structured immigration framework.
For EU, EEA and Swiss nationals, the key distinction remains whether residence in the UK began before or after 31 December 2020.
Those already resident may rely on the EU Settlement Scheme. Others must apply under the Immigration Rules.
Understanding which framework applies is essential in determining available immigration options.
How We Can Assist
We advise on:
• EU Settlement Scheme applications (including late applications)
• transitions from pre-settled to settled status
• complex residence and evidence issues
• family member applications
• alternative immigration routes where EUSS is not available
If your position is not straightforward, early advice is recommended.
