What is the right to reside? 

Having the right to reside in the UK means you are legally allowed to live and work in the UK. It also enables you to access certain benefits. 

Who has the right to reside? 

Following Brexit, the right to reside for EU, EEA, and Swiss citizens—and their family members—who began living in the UK before 31 December 2020 has been granted through the EU Settlement Scheme (EUSS). 

Eligible applicants to the EU Settlement Scheme can be granted either pre-settled status or settled status: 

• Pre-settled status is for those who have lived in the UK for less than five years. 

• Settled status requires five years of continuous residence in the UK and provides a more permanent form of residency. 

You can find more information about who can apply, the application process, and how to prove your right to reside on our dedicated EU Settlement Scheme page. 

If you have pre-settled status (temporary residency) and want to learn more about how and when to apply for settled status (permanent residency), please visit this page. 

What if you have not applied?  

If you or a family member were living in the UK by 31 December 2020 but have not yet applied for pre-settled or settled status, the Home Office is still accepting late applications to the EU Settlement Scheme. However, you must be able to show ‘reasonable grounds’ for not applying by the 30 June 2021 deadline. 

If this applies to you, we strongly recommend seeking professional legal advice. If you are based in Scotland, you can contact us at immigration@citizensrightsproject.org. 

You can read our post on late applications for further information. 

Arriving to the UK after Brexit 

EU, EEA, and Swiss citizens who wish to move to the UK after 31 December 2020 must apply under the UK’s points-based immigration system, unless they are: 

• a close family member of someone with pre-settled or settled status, or 

• otherwise eligible to apply to the EUSS. 

EU nationals who wish to visit the UK and do not have the right to reside must apply for an Electronic Travel Authorisation (ETA). An ETA is a form of advance permission to travel to the UK. You can find more information about ETAs in this blog post. 

Visit these links for more information: 

• UK Government – https://www.gov.uk/settled-status-eu-citizens-families 

• Scottish Government – https://www.gov.scot/policies/europe/eu-citizens/ 

• Free Movement ‘Guide for EU Citizens’ – https://freemovement.org.uk/how-to-apply-for-settled-status-temporary-status-brexit/ 

• Free Movement ‘Right to Appeal’ – https://freemovement.org.uk/eu-settlement-scheme-appeal-rights-introduced/ 

This information was updated on 25^th January 2026.