EEA National: UK Residency, Work & Post-Brexit Rules

eea national

IN THIS SECTION

An EEA national is a citizen of a country within the European Economic Area (EEA), which includes all EU member states, as well as Iceland, Liechtenstein, and Norway. Switzerland is not part of the EEA but has similar rights under separate agreements.

Before Brexit, EEA nationals could live, work, and study in the UK without restrictions under EU free movement rules. Many moved to the UK for employment, education, or to join family members. The end of free movement on 31 December 2020 changed the rights of EEA nationals, introducing new rules for those already living in the UK and those planning to move.

Individuals who arrived before 31 December 2020 needed to apply under the EU Settlement Scheme (EUSS) to remain in the UK legally. Those granted Settled Status can stay indefinitely, while Pre-Settled Status is temporary and must be upgraded after five years.

EEA nationals arriving after 1 January 2021 no longer have an automatic right to live and work in the UK. A visa is now required, with the Skilled Worker Visa and Family Visa being the most common options. Employers and landlords must now verify immigration status using the Home Office online checking system.

 

Who qualifies as an EEA national?

 

An EEA national is a citizen of a country within the European Economic Area (EEA). The EEA consists of European Union (EU) member states along with Iceland, Liechtenstein, and Norway. Switzerland is not part of the EEA, but Swiss nationals have similar rights under separate agreements with the UK and the EU.

Before Brexit, EEA nationals had the right to live, work, and study in the UK under EU free movement rules. This allowed them to move freely without needing a visa. In addition to citizens of EEA countries, certain family members of EEA nationals were also eligible for residence rights, provided they met specific conditions.

There is often confusion between EEA nationals and their non-EEA family members. A non-EEA family member could be a spouse, civil partner, dependent child, or extended relative who applied for permission to live in the UK based on their relationship with an EEA national. These individuals had to apply for an EEA Family Permit or a residence card before Brexit to prove their status.

Since 31 December 2020, free movement has ended, and the UK now treats EEA nationals differently under its immigration system. Those who were living in the UK before the Brexit transition period ended were required to apply under the EU Settlement Scheme (EUSS) to maintain their residency rights.

Individuals arriving in the UK after Brexit are no longer automatically granted the right to live and work. Instead, they must apply for a visa under the UK’s points-based immigration system. Some may qualify for a Skilled Worker Visa, Family Visa, or other routes, depending on their circumstances.

 

Do EEA nationals have the right to live and work in the UK?

 

EEA nationals no longer have an automatic right to live and work in the UK. Before Brexit, citizens of European Economic Area (EEA) countries could move to the UK freely under EU free movement rules. That system ended on 31 December 2020, and EEA nationals must now meet UK immigration requirements.

Those who were already living in the UK before the Brexit transition period ended had to apply for Settled Status or Pre-Settled Status under the EU Settlement Scheme (EUSS). Individuals granted Settled Status can remain in the UK indefinitely, while those with Pre-Settled Status must apply for Settled Status after five years of continuous residence. Anyone who failed to apply may no longer have a valid right to stay unless they submit a late application with a reasonable explanation.

EEA nationals arriving in the UK after 1 January 2021 must apply for a visa if they wish to live or work in the country. The most common option is the Skilled Worker Visa, which requires a job offer from a UK employer who is a licensed sponsor. Other options include the Family Visa, Graduate Visa, and Global Talent Visa, depending on the applicant’s circumstances.

Employers and landlords can no longer accept EEA passports or national ID cards as proof of the right to work or rent in the UK. Immigration status must now be checked through the Home Office online system. Those who held Permanent Residence documents issued under EU law must also switch to Settled Status, as their previous documents are no longer recognised.

For those who missed the EU Settlement Scheme deadline, urgent action is needed. A late application may still be possible, but individuals must provide evidence of why they did not apply earlier. Those who are not eligible under the EUSS must check whether another visa route is available.

 

EU Settlement Scheme – what EEA nationals need to know

 

The EU Settlement Scheme (EUSS) was introduced to allow European Economic Area (EEA) nationals and their family members to remain in the UK after Brexit. It replaced the previous system of Permanent Residence and provided a way for eligible individuals to secure their legal status.

EEA nationals who had been living in the UK before 31 December 2020 were required to apply for either Settled Status or Pre-Settled Status under the scheme. The deadline for most applications was 30 June 2021, though late applications may still be accepted in certain circumstances.

Settled Status is granted to those who have lived continuously in the UK for at least five years. It allows the holder to stay in the UK indefinitely, access public services, and apply for British citizenship if they meet the eligibility criteria.

Pre-Settled Status is given to those who had lived in the UK for less than five years before the Brexit deadline. It allows the individual to stay in the UK temporarily, but they must apply for Settled Status once they have completed five years of residence. Pre-Settled Status holders must not spend more than two years outside the UK, or they risk losing their status.

Late applications to the EU Settlement Scheme may still be possible, but applicants must provide a valid reason for missing the deadline. The Home Office considers cases individually and may accept applications where there were technical issues, health reasons, or other exceptional circumstances.

EEA nationals who did not apply and do not qualify for a late application must now apply for a visa under the UK’s points-based immigration system if they wish to live or work in the UK.

 

EEA nationals visiting the UK

 

As of 2 April 2025, European Economic Area (EEA) nationals visiting the UK will be required to obtain an Electronic Travel Authorisation (ETA) before their journey. The ETA scheme opened to EEA nationals to apply on 5 March 2025 if they intend to travel on or after 2 April 2025. The application process is available online through the official UK government website or the UK ETA app. Applicants must provide personal and passport details, submit a photograph and answer security-related questions. The application fee for an ETA is £10 per traveller.

Once approved, an ETA remains valid for two years or until the passport used for the application expires, whichever comes first. Holders can use their ETA for multiple visits, with each stay allowed for up to six months. However, it does not permit individuals to work in the UK unless covered by specific, limited exemptions.

Certain groups are exempt from the ETA requirement. Irish citizens do not need an ETA to enter the UK, and individuals who already hold a valid UK visa, Settled Status or Pre-Settled Status under the EU Settlement Scheme do not need to apply for an ETA.

Can EEA nationals move to the UK?

 

EEA nationals can still move to the UK, but they no longer have an automatic right to live and work in the country. Free movement ended on 31 December 2020, meaning that those arriving after this date must apply for a visa under the UK’s points-based immigration system.

The most common route for EEA nationals who wish to work in the UK is the Skilled Worker Visa. This visa requires a job offer from a UK employer who is a licensed sponsor. The job must meet specific salary and skill level requirements, and applicants may need to prove their knowledge of English. The visa is typically granted for up to five years and can lead to Indefinite Leave to Remain (ILR).

For those moving to the UK to join family members, the Family Visa may be an option. This applies to individuals with a British citizen, Settled Status holder, or refugee as a close relative. The visa is available for spouses, partners, children, and dependent adults, but applicants must meet financial and relationship requirements.

Students from EEA countries can apply for a Student Visa if they have been accepted onto a course at a UK educational institution. This visa allows individuals to study in the UK, but they must meet financial and English language requirements.

Other visa routes include the Global Talent Visa, which is designed for highly skilled individuals in sectors such as science, technology, and the arts, and the Graduate Visa, which allows international students who have completed a UK degree to stay and work for up to two years.

Short visits for tourism or business do not require a visa, and EEA nationals can enter the UK for up to six months without applying for one. However, they cannot work or study during this period unless they hold a visa that permits it.

The next section will explain whether EEA nationals still have access to public services and benefits, including healthcare and housing support.

 

Need assistance?

 

For specialist advice on your circumstances as an EEA national – either to remain in the UK or to come to the UK – speak to our UK immigration specialists.

 

EEA national FAQs

 

Who is considered an EEA national?

An EEA national is a citizen of a country within the European Economic Area (EEA), which includes all EU member states plus Iceland, Liechtenstein, and Norway. Switzerland is not in the EEA but has similar rights under separate agreements.

 

Do EEA nationals still have free movement in the UK?

No, free movement between the UK and EEA countries ended on 31 December 2020 following Brexit. EEA nationals now need a visa to live and work in the UK unless they have Settled Status or Pre-Settled Status under the EU Settlement Scheme (EUSS).

 

Can EEA nationals still apply for the EU Settlement Scheme?

The deadline for most applications was 30 June 2021, but late applications may still be accepted if a valid reason is provided. Those who missed the deadline should check their eligibility and apply as soon as possible.

 

Can EEA nationals move to the UK now?

EEA nationals can move to the UK, but they must meet visa requirements. Common options include the Skilled Worker Visa for employment and the Family Visa for those joining British or settled relatives.

 

Do EEA nationals need a visa to visit the UK?

No, EEA nationals can visit the UK for up to six months without a visa, but they cannot work or study during this period unless they have the appropriate visa.

 

How can EEA nationals prove their right to live and work in the UK?

Immigration status must now be verified using the Home Office online checking system. Employers, landlords, and public services no longer accept EEA passports or national ID cards as proof of residence.

 

Are EEA nationals still eligible for public services and benefits?

Access to services depends on immigration status. Those with Settled Status or Pre-Settled Status can use the NHS and claim certain benefits, while new arrivals must meet visa conditions.

 

Can EEA nationals apply for British citizenship?

Yes, EEA nationals can apply for British citizenship if they have Settled Status and meet residency and good character requirements. Most applicants need to have held Settled Status for at least 12 months before applying.

 

Glossary

 

Term Definition
EEA National A citizen of a country within the European Economic Area (EEA), which includes EU member states, Iceland, Liechtenstein, and Norway.
European Economic Area (EEA) A group of countries that participate in the EU’s single market, including EU member states, Iceland, Liechtenstein, and Norway.
EU Settlement Scheme (EUSS) A UK government scheme allowing EEA nationals and their family members to apply for Settled or Pre-Settled Status after Brexit.
Settled Status A form of indefinite leave under the EUSS, granting permanent residency to those who have lived in the UK for at least five years.
Pre-Settled Status A temporary status under the EUSS for those who had not yet completed five years of UK residence at the time of application.
Indefinite Leave to Remain (ILR) A UK immigration status allowing a person to live, work, and study in the UK permanently without further visa applications.
Home Office Online Checking System A digital service used by employers, landlords, and government agencies to verify an individual’s immigration status.
Skilled Worker Visa A work visa requiring a job offer from a UK employer who is a licensed sponsor, leading to settlement after five years.
Family Visa A visa route allowing individuals to stay in the UK based on their relationship with a British citizen or a settled person.
Long Residence Route A pathway to Indefinite Leave to Remain (ILR) for individuals who have legally lived in the UK for at least ten continuous years.
British Citizenship The legal status allowing a person to hold a British passport and enjoy full rights as a UK citizen.
Global Talent Visa A UK visa for highly skilled individuals in sectors such as science, technology, and the arts, allowing work without a job offer.
Graduate Visa A visa allowing international students who have completed a UK degree to stay and work in the UK for up to two years.
Points-Based Immigration System The UK’s post-Brexit immigration system, which assesses applicants based on factors such as skills, salary, and job offers.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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