CBP 9157

Research Briefing
By Melanie Gower,
Stefano Fella,
Ilze Jozepa
After Brexit: Visiting, working
28 November 2023
and living in the EU
Summary
1 The end of free movement rights in the UK
2 Passports and procedures on entering the EU
3 Short-term visits to the EU
4 Living, working or studying in the EU
5 Other mobility related issues
6 People with rights under the Withdrawal Agreement
commonslibrary.parliament.uk
Number 9157 After Brexit: Visiting, working and living in the EU
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Europe-red-dot map. Photo by KOBU Agency on Unsplash / image cropped.
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2 Commons Library Research Briefing, 28 November 2023

After Brexit: Visiting, working and living in the EU
Contents
Summary 4
1 The end of free movement rights in the UK 7
1.1 The Brexit negotiations: UK and EU positions 8

1.2 Mobility provisions in the TCA 10
1.3 Prospects for further discussions 11
2 Passports and procedures on entering the EU 14
2.1 Passport validity requirements 14

2.2 Passport stamps and other supporting documents 14
2.3 Passport lanes 15
3 Short-term visits to the EU 17
3.1 EU requirements for UK nationals 17

3.2 New EU Entry/Exit and travel authorisation system 21
3.3 Comparable UK requirements for EU nationals 24
4 Living, working or studying in the EU 26
4.1 Business travel 26

4.2 Living, working, or studying in the EU 26
5 Other mobility related issues 28
6 People with rights under the Withdrawal Agreement 29
6.1 UK-EU Withdrawal Agreement 30

6.2 British citizens and family members living in the EU before 2021 30
6.3 Agreements between UK and EEA and Switzerland 32

Summary
This briefing provides an overview of the implications of the UK’s new

relationship with the EU for people wishing to travel or move to the EU. It also
highlights some useful sources of further information for constituents.
The briefing focuses on the broad requirements applicable to British citizens

residing in the UK who wish to travel to the EU. It also refers to the UK’s
comparable requirements for EU citizens.
End of free movement rights

British citizens’ EU citizenship and free movement rights ended when the
Brexit transition period expired on 31 December 2020. Those rights had
enabled them to visit, live, work or study in an EU Member State without
needing a visa. They (and their family members) were able to claim a right to
reside in the host Member State as a jobseeker, worker, student, self-
employed or self-sufficient person or a family member, under the terms set by
EU free movement laws.
Since 1 January 2021:
• British citizens still do not need to apply for a visa in advance of travel to
the EU as a short-term visitor. The rules for short-term visits to most EU
Member States are set out in the Schengen Borders Code. This allows
stays within the Schengen area of up to 90 days in any 180-day period.
These rules also cover the four member countries of the European Free
Trade Association (EFTA), all of which are part of the Schengen Area.
• British citizens’ eligibility to live, work or study in an EU Member State

depends on the host country’s national immigration laws and visa
requirements.
As an exception to the above, Brexit has not changed the visa and
immigration requirements applicable to British citizens travelling to Ireland
(and vice versa). These continue to be based on the Common Travel Area
arrangements.
Passport and entry requirements for the EU

British citizens travelling to the EU must ensure that their passport satisfies
two separate requirements:
• It must be valid for at least three months after the date the traveller
intends to leave the EU country they are visiting. This can be ascertained
by looking at the passport’s expiry date.

• It must have been issued within the previous 10 years. This can be
checked by looking at the passport’s date of issue.
British citizens can no longer use the border control lanes for EU citizens,
although there are exemptions for family members of EU and EFTA country
citizens. British citizens also usually need to have their passport stamped
upon entry/exit to the EU, unless they are family members of EU citizens and
resident in the EU. EU countries’ border officials may ask to see supporting
documents such as an invitation letter, proof of accommodation and
finances, and a return or round-trip ticket when assessing whether to give
permission to enter the country as a visitor.
EU plans for Entry/Exit and ETIAS schemes

A new EU Entry/Exit System (EES) is scheduled to be introduced in late 2024.
This will be an automated system for registering travellers from the UK and
other non-EU countries each time they cross an EU external border. Travellers
will have their passports scanned at automated self-service kiosks and also
have biometric data (fingerprints or facial images) checked prior to crossing
the border.
The system will work in conjunction with the new ETIAS authorisation system,
scheduled to come into operation in early 2025. Both EES and ETIAS have been
repeatedly delayed.
British and other non-EU national citizens travelling to the EU for short stays
will be required to obtain an ETIAS travel authorisation. This will be valid for
multiple trips over a period of up to three years. British and other non-EU
citizens legally resident in the EU will be exempt from both ETIAS and EES.
The UK is implementing a similar scheme to ETIAS for visitors to the UK.
Mobility arrangements in the Trade and Cooperation

Agreement
The UK-EU Trade and Cooperation Agreement (TCA) includes some
commitments to facilitate travel for certain specified purposes. It provides
arrangements for short-term business visitors; business visitors for
establishment purposes; intra-corporate transferees; contractual service
suppliers; and independent professionals.
But various reservations and exemptions apply. National immigration

regulations, rules on work permits and employment regulations of the
respective EU Member State must be observed. As a result, from 1 January
2021, UK business travellers were subject to the different regulatory regimes
of each Member State. Likewise, EU business travellers are subject to the visa
requirements specified in the UK’s immigration rules.

Rights of British citizens living in the EU before 1

January 2021
British citizens who had been exercising free movement rights in an EU
country before the end of the transition period have certain residence-related
rights protected by the UK-EU Withdrawal Agreement (WA). The WA
protections only apply in the person’s country of residence. The WA does not
give free movement rights throughout the rest of the EU. Each EU country has
set its own procedures for confirming that a person has rights protected by
the WA, within the parameters set by the WA.
Some British citizens who have been living in an EU Member State might also
be covered by other provisions in national or EU law with implications for their
ability to move between EU countries.

1 The end of free movement rights in the

UK
When the UK was a member of the European Union (EU), it was part of a free
movement area that encompassed the EU Member States together with the
four European Free Trade Association (EFTA) countries. Since 1 January 2021,
citizens of EU and EFTA countries who want to come to the UK have been
subject to the same immigration rules as other non-British nationals.
Similarly, British citizens seeking to travel to the EU and EFTA countries
became subject to the same entry requirements as other non-EU citizens. 1
This change has had significant and wide-ranging implications for the ease by
which British citizens (and their family members) residing in the UK can travel
to, live, work, or study in EU Member States compared to the previous free
movement rights.
Ending the application of free movement of people laws in the UK (and by

implication, to British citizens) was an objective pursued by successive UK
governments following the 2016 EU referendum.
The ending of free movement rights enables the UK to apply the same
immigration rules to citizens of EU and EFTA countries as apply to citizens of
other countries. 2 Likewise, EU law now considers British citizens to be ‘third
country nationals’ as it does for other non-EU states.
EU law sets out entry conditions for third country nationals travelling to the
EU and to the Schengen area, which comprises 23 of the 27 EU Member States
and the four EFTA states (see section 3). 3
Brexit has not changed the visa and immigration requirements applicable to
British citizens travelling to Ireland (and vice versa). This is because the WA
and TCA are without prejudice to the separate immigration arrangements
1
The four EFTA countries are the three states that form the European Economic Area with the EU
(Norway, Lichtenstein and Iceland) plus Switzerland (which has a separate free movement
agreement with the EU).
2
This briefing focuses on the implications for British citizens who usually reside in the UK, rather than
British citizens who have rights of residence in an EU Member State protected by the Withdrawal
Agreement or under a Member State’s national immigration laws. Section 6 provides a brief
overview of the implications of the Withdrawal Agreement for British citizens who were already
living in the EU at the end of the transition period.
3
The four EU Member States that are not part of the Schengen area are Bulgaria, Cyprus, Ireland and
Romania. Both Bulgaria and Romania are seeking to join the Schengen area and apply most
Schengen rules.

that apply for the UK-Ireland Common Travel Area. 4 In this briefing, therefore,
references to visa requirements for travel to the ‘EU’ and Member States do
not apply to Ireland.
1.1 The Brexit negotiations: UK and EU positions
The UK did not propose extensive mobility-related arrangements with the EU

during the Brexit negotiations. The extent of the Citizens’ rights provisions in
the UK-EU Withdrawal Agreement (WA) and the mobility-related provisions in
the UK-EU Trade and Cooperation Agreement (TCA) reflect that position.
• The Citizens’ rights section of the WA protects rights of residence in the

host state for British/EU citizens who were exercising free movement
rights in the EU/UK before 1 January 2021.
• The TCA contains some limited provisions to facilitate business travel for
certain specified purposes.
Visa-free travel for short visits and business travel

The UK and EU had both identified a reciprocal agreement to provide visa-free
travel for short-term visits as a shared objective from an early stage in the
Brexit negotiations. 5
In April 2019 the EU confirmed that following Brexit, UK citizens coming to the
Schengen area (covering most EU Member States) for a short stay (90 days in
any 180 days) would be granted visa-free travel (see section 3.1). 6
The EU’s draft legal text for the future trade and cooperation agreement with
the UK, published on 18 March 2020, proposed reciprocal visa-free short-term
travel for British and EU citizens (Article MOBI.4). This would have been for at
least 90 days in any 180-day period and “as defined in the Parties’ [the UK
and EU’s] domestic legislation”. 7
The EU’s proposal would have allowed individual EU states to apply a visa
requirement on British citizens if they were carrying out a paid activity during
the visit. However, Member States would not have been able to impose a visa
requirement on certain categories of people: namely, people travelling for
business deliberations; sportspeople or artists performing an activity on an
4
See House of Commons Library Briefing 7661, The Common Travel Area and the special status of
Irish citizens in UK law
5
It was reflected, for example, in the UK-EU Political Declarations on the future relationship agreed
by both the May and Johnson Governments in November 2018 and October 2019 respectively.
6
Council of EU, Visa free travel after Brexit: Council and European Parliament reach agreement, 3
April 2019
7
Title XI of European Commission, Draft text of the Agreement on the New Partnership with the United
Kingdom, 18 March 2020.

ad hoc basis; journalists sent by the media of their country of residence; and
intra-corporate trainees (Annex MOBI-1).
If a Member State chose to impose a visa requirement on British citizens doing

a paid activity, the UK would have been able to reciprocate with a visa
requirement for those nationals.
Title VI, Chapter four of the EU’s draft legal text contained additional
proposals for certain categories of business travel, within the context of
broader provisions for trade in services and investment. 8
The UK’s proposed treaty texts, published in May 2020, did not include similar
provisions on visa-free travel. The Government’s February 2020 policy
statement on the future points-based immigration system had confirmed its
intention to implement visa-free travel for EU visitors through domestic
legislation.9
Chapter 11 of the UK’s text set out proposals for business travel. The UK’s draft
text listed several annexes to chapter 11, which seemingly would have
provided more details about the UK’s proposals (such as categories of
traveller that could have been exempted from visa requirements). The
annexes were not published. The Government resisted calls to publish them,
arguing that this would be inappropriate because the information was
exchanged with EU negotiators in confidence. 10
Other mobility provisions

As well as arrangements for business travel, the non-binding Political
Declarations on the framework for the future UK-EU relationship of November
2018 and October 2019 had also agreed “... to consider conditions for entry
and stay for purposes such as research, study, training and youth exchanges”
during the course of the future relationship negotiations. 11
Title XI of the EU’s draft treaty text, on mobility of natural persons, included
provisions for those groups. Article MOBI.5 had proposed reciprocal visa
conditions to facilitate stays longer than 90 days by British/EU citizens, for
the purposes of research, study, training and youth exchanges. 12
The UK’s published proposed treaty texts did not include comparable
proposals.
8
European Commission, Draft text of the Agreement on the New Partnership with the United
9
Home Office, Policy statement on the future points-based immigration system, February 2020
10
PQ UIN147050 [Entertainers: Work Permits], answered on 9 February 2021
11
See European Commission, Revised text of the Political Declaration setting out the framework for
the future relationship between the European Union and the United Kingdom, 17 October 2019
12
Title XI of European Commission, Draft text of the Agreement on the New Partnership with the United

1.2 Mobility provisions in the TCA
There isn’t a stand-alone chapter on mobility in the TCA akin to Title XI of the
EU’s draft treaty text.
There are provisions that facilitate some types of temporary business travel to
support trade in services and investment. The arrangements provide a
framework within which the UK and EU Member States can maintain their own
visa requirements.
The provisions offer UK and EU professionals access to the market of the other
Party. The Agreement includes commitments on:
• short-term business visitors.
• business visitors for establishment purposes.
• intra-corporate transferees.
• contractual service suppliers.
• independent professionals.
However, various reservations and exemptions apply. National immigration

regulations, rules on work permits and employment regulations of the
respective EU Member State have to be observed. As a result, from 1 January
2021, UK business travellers were subject to the different regulatory regimes
of each EU Member State. Likewise, EU business travellers were subject to the
visa requirements specified in the UK’s immigration rules.
Library briefing The UK-EU Trade and Cooperation Agreement: Temporary

Business Travel provides a more detailed overview.
The TCA also comments on the parties’ positions on visa-free travel for short-
term visits. Article 492 simply notes that each party is providing for visa-free
travel for short-term visits in accordance with their domestic laws. It provides
that each party shall give notice to the other if they intend to impose a visa
requirement. Where the UK decides to impose a visa requirement for short-
term visits on nationals of one EU state, that requirement shall apply to the
nationals of all Member States (and the EU would presumably then
reciprocate by imposing a visit visa requirement on British citizens).
The TCA also includes a provision relating to future accessions to the EU. The
UK and EU could agree transitional arrangements regarding the application
of Article 492 to new Member States. Article 492 will not apply to a new

Member State to the EU, unless the UK and EU have taken a decision on how it
applies. 13
1.3 Prospects for further discussions
Some observers have speculated that, over time, there will be pressure on the
UK and EU to agree a more extensive set of mobility agreements, as the
limitations of the agreements in the TCA become more apparent to
individuals and different sectors of the economy.
Article 776 of the TCA provides for a joint UK-EU review of implementation of
the TCA five years after the entry into force of the TCA and then every five
years thereafter. This means the first review will take place in 2026.
Article 126 in Title II of the Trade Heading in Part Two of the TCA provides for
the parties to review, as part of the Article 776 review:
• their legal framework relating to trade in services and investment,
• the provisions of the TCA relating to activities for short term business
visitors (set out in Annex 21 of the TCA), and
• their non-conforming measures and reservations, (exemptions to the

commitments on services under the TCA).
Article 411 of the TCA provides for a potentially earlier review of Part Two
provisions relating to trade (including business-related travel under the trade
in services provisions) and other provisions under Part Two (including on
visas/visa-free travel for short-term visits). This can be requested by either
the UK or EU four years after the entry into force of the TCA (from 2025
onwards).
Since the TCA was agreed there have been many parliamentary questions
asking about the Government’s intentions to pursue further discussions with
the EU or individual Member States about visa/immigration requirements.
Aside from the requirement for political will on each side, considerations of
whether the EU has exclusive competence over the policy area in question
also affect the UK Government’s scope to engage in bilateral discussions with
individual EU Member States.
Certain visa categories have attracted particular interest:
• Youth Mobility: Since reaching agreement on the TCA, the Government

has restated an interest in negotiating a reciprocal youth mobility
arrangement with the EU or individual Member States in the absence of
13
Article 781 (4) of the Trade and Cooperation Agreement sets out arrangements for how the UK and
EU would take a decision on the application of Article 492 to a new Member State, including
establishment of transitional arrangements.

an EU-wide agreement. 14 But it has not commented on the status of

negotiations and says it would only make announcements once
agreements have been reached. 15
• Creative sectors: The absence of provisions to facilitate temporary

business travel for people working in the media/creative/arts and
cultural sectors has been heavily criticised by stakeholders. Sector
representatives have called on the Government to negotiate a bilateral
and reciprocal EU-wide visa waiver agreement.
The Government has resisted those calls, saying that the implications of
re-opening negotiations on the TCA and making a commitment that
covered all current and future EU Member States would be incompatible
with its manifesto commitments to retain control of UK borders. 16 It says
that it is committed to supporting the sector to adapt to the new
arrangements and that it has worked hard to clarify arrangements and
encourage easements by individual Member States, with some
successes. 17
• School trips: People who organise school trips between the UK and EU
say they have become more difficult since Brexit. The UK no longer
participates in the ‘list of travellers’ scheme, which allows children of any
nationality to travel between EU Member States on a school trip without
the need for a visa or individual passport. In March 2023 the UK and
France agreed to ease travel for schoolchildren on organised trips, as
part of a broader declaration of cooperation, although the changes
haven’t been implemented yet. The UK Government has said it would
consider negotiating with other countries if they expressed an interest in
making similar arrangements. 18
• Visit visas: As discussed in section 2.1 of this briefing, the Government

says that the EU’s decision to treat British citizens in line with Schengen
Borders Code provisions for third country nationals is regrettable. But it
has confirmed that it is not seeking to achieve enhanced short-term visit
visa-free arrangements, whether through bilateral agreements with
individual Member States, or further discussions with the EU. 19
14
European Affairs Committee, The future UK-EU relationship, HL Paper 184, 29 April 2023, para 327
15
PQ UIN 146737 [Youth Mobility Scheme], answered on 30 March 2022; PQ UIN 201727 [Youth Mobility
Scheme: EU Countries], answered on 23 October 2023. The May Government had also proposed a
reciprocal UK-EU youth mobility scheme as part of a broader mobility agreement: HM Government,
The UK’s future skills-based immigration system, Cm 9722, December 2018, para 6.58
16
PQ UIN 172035 [Entertainers: EU countries], answered on 25 March 2021
17
HL Deb 7 July 2022 c314-5GC
18
PQ UIN HL9246 [Educational Visits: EU Nationals], answered on 25 July 2023
19
PQ UIN 192343 [EU Countries: Visas}, answered on 10 July 2023; PQ UIN 142807 [European Union:
Visas], answered on 1 February 2021; PQ UIN141928 [British Nationals Abroad: EU Countries],
answered on 27 January 2021

• Changes to the 90/180 rule: There have been calls, including from
within Member States20, to change the rule whereby British citizens are
limited in the amount of time they are permitted to visit the EU and
Schengen area to 90 days in every 180-day period. However, this is an
internally agreed EU rule applying to all non-EU/non-Schengen
countries. This has not previously been subject to UK-EU negotiation. The
UK Government has not indicated that it sees this as a matter to be
negotiated with the EU in the future and has stressed that UK and EU
rules are a matter for their own respective internal legislation (see box 3
in section 3 below). 21 Changes to the 90/180 rule for visitors from third
countries would need to be agreed within the EU according to its own
internal legislative procedures, involving approval by a qualified-
majority of Member States’ representatives in the Council of the EU and
by the European Parliament (see box 1 in section 3 below).
20
Euronews, Spain wants to scrap 90 day rule for British tourists, allowing them to stay indefinitely, 10
November 2022
21
See Government response to Parliamentary Questions, UIN 192343, tabled on 4 July 2023; and UIN
HL10443, tabled on 2 October 2023

2 Passports and procedures on entering

the EU
2.1 Passport validity requirements
The EU’s Your Europe website specifies the travel document requirements for
non-EU nationals, including British citizens. There are two separate
requirements to satisfy:
• The passport must be valid for at least three months after the date the
traveller intends to leave the EU country they are visiting. This can be
ascertained by looking at the passport’s expiry date.
• The passport must have been issued within the previous 10 years on the
day of entry to the EU. This can be checked by looking at the passport’s
date of issue.
The maximum validity period for adult British passports is 10 years. However,
between 2001 and September 2018, some adult British passports were issued
with more than 10 years’ validity. This is because people who renewed their
passport before it expired could have up to nine months’ unused time added
to their new passport. HM Passport Office ended that practice in September
2018. But for some people who renewed their passport before then, their
passport’s expiry date alone will not confirm that it is valid for entry to the EU.
2.2 Passport stamps and other supporting

documents
When assessing whether to allow a British citizen to enter the country as a

visitor, EU countries’ border officials may ask to see supporting documents
such as an invitation letter, proof of accommodation and finances, and a
return or round-trip ticket. The ‘entry requirements’ section of GOV.UK’s travel
advice pages provide some country-specific guidance.
British citizens must have their passport stamped upon entry/exit to the EU,
although there are possible exemptions if they are resident in an EU Member
State (see below). The stamps evidence the passport holder’s compliance
with the 90 in 180-day visa-free allowance.

People who do not have their passports stamped may be presumed to have
overstayed their immigration permission. GOV.UK’s travel advice pages say
that people whose passports are not stamped can show border guards
evidence of the dates and location of their previous entry/exit, such as
boarding passes and tickets, and request that the details be added to their
passport. 22
The Schengen Borders Code states that where a passport has not been
stamped on entering or exiting the EU, the presumption that the passport-
holder has overstayed can be rebutted if they provide credible evidence, such
as transport tickets or other proof that shows otherwise. There is also a form
that the border official can provide to show that this evidence has been
approved. 23
According to the Schengen Borders Code, third country nationals (including

British citizens) who are resident in the EU are exempt from having their
passport stamped if they are family members of an EU citizen and present a
residence card showing this status. 24 The European Commission has also
advised border guards in the Schengen area that they should refrain from
stamping the passports of UK citizens resident in the EU under rights
established by the Withdrawal Agreement (see section 6 below), although
there is no general exemption in the Schengen Borders Code.25
The EU is planning to introduce a new automated Entry/Exit system in 2024

which will replace the current system of manual stamping of passports (see
section 3.2).
2.3 Passport lanes
British citizens can no longer use the border control/passport lanes for EU
citizens, unless they are family members of EU citizens or of citizens of the
EFTA countries (the four non-EU European Economic Area countries and
Switzerland).
Family members (such as spouse, registered civil partner or dependent) of

EU, European Economic Area (EEA, the EU plus Iceland, Lichtenstein, Norway)
and Swiss citizens are defined as “persons enjoying the right of free
movement under Union law” in the Schengen Borders Code (Article 2 (5)). 26
The Schengen Borders Code states (Article 10 (2)) that they are entitled to use
22
For example, GOV.UK, Foreign travel advice, France, Entry requirements, 5 November 2023
23
See Article 12 and Annex VIII of Regulation (EU) 2016/399 of the European Parliament and of the
Council, 9 March 2016
24
This exemption is set out in Article 11 of Regulation (EU) 2016/399 of the European Parliament and of
the Council, 9 March 2016.
25
See section 6.2 of the Practical Handbook for Border Guards (Schengen Handbook) (PDF)
26
The rights of free movement of EU citizens and their family members are set out in Directive
2004/38/EC of the European Parliament and of the Council, 29 April 2004.

the border control lanes indicated by the sign showing “EU, EEA, CH
[Switzerland]”. 27
Further sources to signpost constituents to

• Your Europe, Travel documents for non-EU nationals
• GOV.UK, Travel or do business in Europe: Brexit guidance
• GOV.UK, Foreign travel advice
• EU, Schengen Borders Code
• European Commission, Practical Handbook for Border Guards (Schengen

Handbook) (PDF)
27
Regulation (EU) 2016/399 of the European Parliament and of the Council, 9 March 2016

3 Short-term visits to the EU
3.1 EU requirements for UK nationals
British citizens still do not need to apply for a visa in advance of travel to the
EU as a short-term visitor. The UK has been added to the EU’s common list of
countries whose citizens are exempt from the requirement to have a visa
when crossing their external borders for short stays. 28 This is based on an
understanding of reciprocity; the visa exemption would be withdrawn if the UK
imposes a visa requirement on nationals of one or more EU Member States. 29
As summarised in section 2.2 above, border guards may ask travellers to

provide evidence to demonstrate their eligibility for entry as a visitor at
passport control.
Schengen area countries

British citizens are eligible for visa-free travel to the Schengen area for short
stays (90 days in any 180 days).
This means they can travel throughout the 27 Schengen states for up to 90
days in any 180-day period. This can be for multiple trips within the 180-day
period, as long as the total number of days spent in the Schengen area does
not exceed 90 days. Longer stay visas for visits exceeding that period, or for
other purposes (such as work or study) would depend on Member States’
national provisions.
The European Commission has provided a short-stay visa calculator on its

website to assist visitors in calculating the number of days they have stayed in
the EU and whether they remained within the 90/180 day limit.
28
Regulation (EU) 2018/1806 of the European Parliament and of the Council, 14 November 2018 (as
amended)
29
Council of EU, Visa free travel after Brexit: Council and European Parliament reach agreement -
Consilium, 3 April 2019

1 The Schengen area and the 90/180 day rule

The Schengen area was initially developed in the 1980s as an agreement by a
group of EU Member States, outside of the EU treaty framework, to abolish
border controls for people travelling between these countries. The Schengen
objectives and rules were then incorporated into the EU treaty framework by
the Treaty of Amsterdam, which came into force in 1999. By this point all
Member States other than the UK and Ireland, had joined the Schengen area.
The UK and Ireland secured a derogation so that the Schengen provisions
would not apply to them, while maintaining their own Common Travel Area.
Irish and British citizens were not however subject to Schengen area
conditions of entry (see below) as they had the same EU free movement rights
as other EU citizens. Following the UK’s withdrawal from the EU, British
citizens no longer have free movement rights and are treated as third country
nationals, meaning that Schengen area rules of entry apply (see below).
The Schengen area currently has 27 Member States, including most of the
countries that joined the EU since 2004 and the four EFTA members.
The EU has continued to develop and update legislation relating to the
Schengen area. Rules on entry to the Schengen area are set out in the
Schengen Borders Code, the most recent version of which was adopted in
2016. This allows third country nationals (from non-EU or non-Schengen
countries) to enter the Schengen area for short stays of 90 days within a 180-
day period. These can be separate stays within the 180-day period, as long as
the total number of days is less than 90 days. Separate EU legislation sets out
which countries’ nationals require a visa to enter for short stays. The rules for
visas for longer stays in individual Member States are a matter for national
legislation in the individual States.
The 90/180 day rule applies to all (non-EU/non-Schengen) third countries and
is a long-standing rule for the Schengen area. Earlier versions of the EU
Schengen Borders Code referred to three-month short stays within a six-
month period. The 1990 Convention signed by a group of EU countries to
implement the 1985 Schengen Agreement also used the three-months/six-
months formula.
EU legislation relating to most Schengen area rules, including the 90/180 day
rule, needs to be agreed by a qualified-majority in the Council of the EU
(Ministers of each of the Member States) and by the European Parliament.
Visiting non-Schengen EU countries

The Schengen entry arrangements do not apply to the four EU Member States
that are not part of Schengen: Bulgaria, Romania, Cyprus and Ireland. Visits

to these countries do not count towards the 90/180 day limit for travel within
the Schengen area (or vice versa).
The non-Schengen countries have their own entry arrangements. However,

Bulgaria and Romania are currently in the process of joining the Schengen
area and already apply most Schengen rules. Cyprus has also applied to join
Schengen.30
British citizens can stay in each of Bulgaria, Cyprus and Romania for up to 90
days in a 180-day period without a visa. 31
Ireland remains in a Common Travel Area with the UK and has not sought to
join Schengen. The Common Travel Area allows British and Irish citizens to
move freely between the UK and Ireland. 32
2 Are there concessions for second home owners?

The UK Government did not seek special mobility rights for second-home
owners during negotiations on the UK’s future relationship with the EU. 33
British citizens who have second homes in EU Member States are subject to
the visit visa arrangements summarised above.
People who want to stay in an EU Member State for longer than 90/180 days
would need to apply for a visa from the relevant country. The visa
requirements for longer-term stays are determined by individual Member
States. Further information on the requirements for longer stays in each EU
Member State can be found on the Government’s living in the EU pages.
Rules on purchasing and owning property are also determined by the
individual Member States. The Government has also produced guidance on
buying a property abroad.
Second-home owners legally resident in the EU at the end of the Brexit
transition period (31 December 2020) may have residence rights protected by
the UK-EU Withdrawal Agreement, discussed in section 4 of this briefing.
Exceptions for family members of EU citizens

Rules for short stays in the EU and Schengen area may be applied differently
for family members of EU citizens and of the EFTA countries, although this is
30
European Commission Communication to the European Parliament and Council, Making Schengen
stronger with the full participation of Bulgaria, Romania and Croatia in the area without internal
border controls, COM/2022/636 final, 16 November 2022
31
GOV.UK, Travelling to the EU and Schengen area (accessed 10 November 2023)
32
House of Commons Library briefing, 7661, The Common Travel Area and the special status of Irish
citizens in UK law
33
PQ UIN 86691 [British Nationals Abroad: EU Countries], answered on 14 September 2020

not explicitly set out in the Schengen Borders Code. Family members of EU
citizens and of citizens of the other EEA countries and of Switzerland also have
free movement rights, set out in separate EU legislation. The EU directive on
the free movement rights of EU citizens and their family members (the
“Citizens’ directive”), adopted in 2004, provides that EU citizens and their
family members “have the right of residence on the territory of another
Member State for a period of up to three months without any conditions or
any formalities other than the requirement to hold a valid identity card or
passport”. 34
Based on this, the European Commission’s handbook for Schengen border

guards states that third-country nationals who are family members of EU, EEA
and Swiss citizens (usually spouses, civil partners, or dependents aged under
21) have the right of residence in a Member State for a period of up to three
months “without any limitation to 90 days in a 180-day period” and that they
can accompany or join the EU, EEA or Swiss family member “for consecutive
periods of up to three months per Schengen State without any conditions or
formalities”. 35 This is except for the need to have a visa where the third-
country national is from a country subject to a visa requirement, but British
citizens are not subject to such a visa requirement. However, the third country
national family member would not being able to benefit from this right if they
travel on their own and do not hold a residence card for an EU/Schengen
Member State indicating they are a family member of a citizen of the EU or
EEA country. 36
The EU’s “Your Europe” advice service warns that while the above exemption
applies in theory, it is not explicitly set out in either the Schengen Borders
Code or the Citizens’ Directive and has not been explicitly confirmed in case
law. 37
34
See Article 6 of Directive 2004/38/EC of the European Parliament and of the Council, 29 April 2004
35
See Paragraph 2.1.2 of European Commission, Practical Handbook for Border Guards (Schengen
Handbook) (PDF), 28 October 2022
36
See Paragraph 2.1.2 of European Commission, Practical Handbook for Border Guards (Schengen
Handbook) (PDF), 28 October 2022
37
See detailed written advice (PDF) on “Your Europe” Advice service, hosted by European Commission
website. It notes that the exemption for family members applies in theory but that there is “is
therefore a risk that when a non-EU family member travels in the Schengen area for more than 90
days, that person may be incorrectly identified as an overstayer and served with a decision ordering
their removal from the Schengen area and their return to their country of origin”. It advises that to
reduce this risk a third country national and their EU citizen-spouse in such cases carry a copy of its
advice, as well as their marriage certificate, passports and travel tickets. They should produce this
advice to immigration officials in case the presence of the third country national in the EU is
questioned. Specific reference should be made to the extracts from the Practical Handbook for
Border Guards cited above. It should be noted that while this advice service is hosted by the EU’s
website, it states that it is “an independent advice and cannot be considered to be the opinion of
the European Commission, of any other EU institution or its staff nor will this advice be binding upon
the European Commission, any other EU or national institution”.

3.2 New EU Entry/Exit and travel authorisation

systems
ETIAS system
The EU intends to introduce a European Travel Information and Authorisation
System (ETIAS).38 The EU originally planned to introduce ETIAS in 2022, but it
has been repeatedly delayed and is now scheduled to be in operation by mid-
2025. 39
Under the ETIAS system, visitors from countries with visa-free arrangements
with the EU (including the UK) will still have to get authorisation to visit the EU
and Schengen area. This is similar to the ESTA system for travel to the USA,
where visitors pay a one-off fee for a travel authorisation which lasts for a set
period of time. Applications for an ETIAS authorisation will be made online or
via a mobile app. Applicants will be checked against EU information systems
for borders and security. In most cases, a travel authorisation will be issued
within minutes. However, some applicants may require further checks, which
could delay authorisation for up to 30 days. 40
The ETIAS authorisation will last for three years (after which it will need to be
renewed for future visits), or until the holder’s passport expires (whichever is
sooner) and will cost €7 (or free for under-18s). 41 This compares to the US
ESTA authorisation which has a duration of two years and costs $21.
The ETIAS authorisation will be valid for multiple visits for up to three years,
but these still need to comply with the Schengen short-stay rule: visit for
periods of up to 90 days in a 180-day period. Visits for longer periods (for
example, for work or study) will still require a separate visa from the host
Member State.
British citizens and citizens of all other non-EU/non-Schengen countries that

do not require a visa for short trips to the EU will be required to obtain an
ETIAS authorisation when travelling to all EU Member States, with the
exception of Ireland, and to the four EFTA countries.
However, British citizens and other third country nationals will be exempt
from the requirement to obtain an ETIAS authorisation if they are holders of
resident permits for any country using ETIAS. This will include UK citizens and
their family members who have rights to reside in the EU under the
Withdrawal Agreement (see section 6). 42
38
European Commission, Migration and Home Affairs, European Travel Information and Authorisation
System, accessed 13 November 2023
39
Council of EU, Justice and Home Affairs Council, Main results, 19-20 October 2023
40
EU, What is ETIAS, accessed 13 November 2023
41
EU, What is ETIAS, accessed 13 November 2023
42
EU, ETIAS: Who should apply, accessed 13 November 2023

The UK intends to introduce a similar electronic travel authorisation (‘ETA’)

system from 2023 (see below).
EU Entry/Exit system
ETIAS is being launched in conjunction with a new EU Entry/Exit System (EES).
As with ETIAS, the EU had scheduled the launch of EES for 2022 but it is now
scheduled to be introduced in Autumn 2024. 43 This will be an automated IT
system for registering travellers from third countries, both short-stay visa
holders and visa-exempt travellers, each time they cross an EU external
border. 44
Travellers will need to scan their passports and travel documents at an

automated self-service kiosk prior to crossing the border. The system will
operate at all border crossings to the EU. 45
The system will register the person’s name, type of the travel document,
biometric data (for example, fingerprints and captured facial images) and the
date and place of entry and exit. Entry and exit data will also be used for
ensuring compliance with the 90/180 day Schengen short stay rule. It will
record overstayers, and refusals of entry. 46
According to the European Commission, the system will apply when entering
25 EU countries (all Member States apart from Cyprus and Ireland) and the
four EFTA countries. The system will apply to nationals of countries that are
not in the EU or Schengen when travelling to the 29 countries operating EES
for short stays. Non-EU citizens who are legally resident or have long-stay
visas to live in an EU Member State will be exempt from EES. 47
The new system will replace the current system of manual stamping of
passports, which the European Commission describes as “time consuming”
and not providing reliable data on border crossings or systematic detection of
over-stayers (travellers who have exceeded the maximum duration of their
authorised stay).48
The system will also operate at the Port of Dover, and at the Eurostar and
Eurotunnel terminals in the UK. This is because the UK has previously agreed
with France on a system of juxtaposed controls for these routes. 49 This means
that French border controls operate on the UK side while UK border controls
operate on the French side (and also in Brussels for Eurostar services) for
these routes.
43
Council of EU, Justice and Home Affairs Council, Main results, 19-20 October 2023
44
EU, Entry/Exit system: General information, accessed 13 November 2023
45
European Commission, Factsheet, The Entry-Exit System (PDF), accessed 13 November 2023
46
EU, FAQs about EES, accessed 13 November 2023
47
EU, FAQs about EES, accessed 13 November 2023
48
European Commission, Migration and Home Affairs, Entry/Exit System, accessed 13 November 2023
49
Home Office, Fact sheet: The UK’s juxtaposed border controls, 11 July 2017

Representatives of organisations involved in managing Channel Tunnel and

border operations in the UK have raised concerns about how the new system
will be implemented and whether it will be ready in time, and the potential for
the new system to cause delays at border control posts. 50 There are particular
concerns about the logistics of operating the system at the Channel Tunnel
and Port of Dover where travellers are passing through in cars. These
concerns have been raised in debates in the House of Commons, and by the
House of Commons Home Affairs Committee, the House of Commons
European Scrutiny Committee and the House of Lords Justice and Home
Affairs Committee. 51
In a response to a letter from the House of Lords Justice and Home Affairs
Committee in January 2022, the then Home Secretary Priti Patel said that
implementation of EES at the three affected departure points in the UK was
the responsibility of France, with the support of the European Commission
which has overall responsibility for the EES. She said the Government was
working with operational stakeholders and engaging with the French
authorities and the European Commission to understand implementation
plans for EES and reach a “solution that is operable” at the juxtaposed border
control locations. 52
The European Commission has said it is looking at introducing the system in a

gradual and flexible way to avoid long waiting times at certain border
crossings. 53

• GOV.UK, country-specific Foreign travel advice/”Entry requirements”
pages
• European Commission/Migration and Home Affairs/ Schengen, borders

and visa and related sub-pages
• European Commission/Migration and Home Affairs/Short stay visa

calculator
50
The Guardian, Travel chaos is ‘the new normal’ after Brexit, British tourists are warned, 23 July 2022;
and The Independent, Port of Dover fears ‘significant and continued disruption’ from EU Entry-Exit
system, 3 November 2022
51
See HC Deb 18 October 2022 c266-273; House of Lords Justice and Home Affairs Committee,
Uncorrected oral evidence: European Travel Information and Authorisation System, 2 November
2021; Letter from the Chair of the Home Affairs Select Committee to the Home Secretary on the new
EU Entry-Exit System for the Port of Dover (PDF), 16 June 2022; European Scrutiny Committee,
Committee launches inquiry into EU Entry/Exit and the UK border, 6 November 2023; and European
Scrutiny Committee, Oral evidence: EU Entry/Exit and the UK border (PDF), HC 1741, 19 July 2023
52
See Response from the Home Secretary to the Chair of the House of Lords Justice and Home Affairs
Committee, 11 January 2022 (pdf).
53
See answer given by European Commissioner for Home Affairs, Ylva Johansson, in European
Parliament questions to the European Commission: European Parliament, Answer for question E-
002640/22, 19 September 2022

• EU webpage on EES. See in particular FAQs on EES and EES factsheet

(pdf).
• EU webpage on ETIAS. See in particular FAQs on ETIAS.
• House of Commons Library constituency casework article, The EU

Entry/Exit system and EU travel authorisation system
3.3 Comparable UK requirements for EU nationals
EU citizens are now treated as ‘non-visa nationals’ in the UK’s immigration

rules. This means they can travel to and seek entry to the UK as visitors
without applying for a visa in advance of travel (instead, Border Force officials
consider them for permission to enter when they arrive at UK passport
control). This arrangement reflects the agreement to implement a reciprocal
short-term visitor visa waiver.
The UK’s immigration rules allow general visitors to stay in the UK for up to
180 days at a time. 54 Unlike the Schengen visa rules, the UK’s rules do not
specify how visits must be spaced apart. In theory, a person who stays for 180
days can make a further visit soon after departing the UK. But the length and
frequency of visits to the UK are relevant considerations for border staff when
considering whether to allow someone to enter the country. If a person's
travel history shows that they are seeking to remain in the UK for extended
periods of time or making the UK their home they can be refused under the
‘genuine visitor’ requirement. 55
3 Why are the UK and EU visit allowances different?

Constituents often query why EU nationals can visit the UK for up to 180 days
at a time, whereas UK nationals visiting EU Member States are limited to 90
days in any 180-day period.
The TCA provisions on short-term visit visa requirements simply note that each
party will provide for visa-free travel in accordance with their domestic law. 56
The different visit visa conditions reflect the Parties’ longstanding different
approaches to calculating short-stay visit visa allowances, which predate the
TCA. Each Party’s offer is the same as the terms offered to visitors from other
non-visa national/third countries.
54
Immigration rules (HC 395 of 1993-4 as amended), Appendix V: Visitor
55
Immigration rules, Appendix V, para V4.2(b)
56
UK-EU Trade and Cooperation Agreement, Article VSTV.1

The Government has said that it “understands” concerns about the impact of
the 90/180 rule on British citizens who spend extended periods of time in the
EU (such as second-home owners and recreational boaters). It says that the
EU’s decision to treat British citizens in line with Schengen Borders Code
provisions for third country nationals is regrettable. 57
Visa arrangements for travel to the Schengen area were discussed during the
course of the Brexit negotiations, but it is unclear to what extent the UK
pushed for more generous arrangements. 58 Since reaching agreement on the
TCA, the Government has said that it is not seeking bilateral agreements on
visa-free travel with individual Member States, or further discussions with the
EU on this. 59 The Government has also confirmed it does not intend to reduce
the permitted length of stay for visitors to the UK to match the Schengen
allowance. 60 It says that visitor visa allowances vary globally and that the
rules for the UK are set in the UK’s interests.
Electronic Travel Authorisation

The UK Government is introducing a similar scheme to the EU’s ETIAS system
for visitors to the UK, the Electronic Travel Authorisation (ETA). Visitors to the
UK from countries whose nationals do not require a visa will need to apply for
an ETA in advance of travel. The ETA is valid for two years and enables the
holder to make multiple visits to the UK during that period.
It costs £10 to apply for an ETA. The application process has been designed to
be “quick, light touch and entirely digital” with most visitors applying via a
mobile app and receiving a decision swiftly on their application. 61
The Government began to roll out the scheme in November 2023, with it
applying initially to Qatari nationals. It will apply to nationals of other Gulf
States from February 2024. 62 Irish citizens and people lawfully resident in
Ireland who arrive via the Common Travel Area will not need ETAs.
See House of Commons Library Insight, Electronic travel authorisations:

what’s the ETA?, 24 April 2023
57
PQ UIN 142807 [European Union: Visas], answered on 1 February 2021
58
E.g. PQ UIN HL3246 [Visas], answered on 5 May 2020
59
E.g. PQ UIN141928 [British Nationals Abroad: EU Countries], answered on 27 January 2021
60
PQ UIN HL10443 [Visas: EU Countries], answered on 16 October 2023
61
UK Government, UK unveils plans for travel scheme to bolster the border, 9 March 2023
62
UK Visas and Immigration, Apply for an electronic travel authorisation (ETA), 25 October 2023

4 Living, working or studying in the EU
4.1 Business travel
As discussed in section 1.2 of this briefing and in Library briefing The UK-EU
Trade and Cooperation Agreement: Temporary Business Travel, the TCA
provides a framework for immigration requirements for certain categories of
business travel. But it does not establish uniform, EU-wide visa requirements.
Instead, each country applies its own specific visa requirements.

• GOV.UK Visit Europe from 1 January 2021/Business travel
• GOV.UK Brexit checker
• GOV.UK Guidance, Selling services to the EU, Switzerland, Norway,

Iceland and Liechtenstein
• GOV.UK Guidance for DCMS sectors on the UK’s exit from the EU
• EU Member States’ UK-based diplomatic missions
For comparable UK visa requirements:
4.2 GOV.UK, Visas and immigrationLiving,

working, or studying in the EU
The rules for longer-term stays (including for work or study purposes) and for
residence in EU Member States involve the competences of Member States.
Consequently, visa requirements vary between individual EU countries.
The EU Immigration Portal explains:
The EU and its Member States share the competence in the area of
immigration. There are certain common immigration rules valid across the EU,
while other aspects are determined by each EU country. This means that
immigration rules are not identical in different EU countries and national
authorities are best placed to reply to your detailed questions. Residence
permit applications must always be made to the authorities of the EU

country you plan to move to. There is no European institution handling

applications or issuing residence permits on behalf of individual countries. 63
EU nationals coming to the UK from 1 January 2021 are subject to the same UK
visa requirements as people from other countries. These are set out in the
UK’s immigration rules.

• GOV.UK, Living in Europe guide
• European Commission, EU Immigration Portal
• EU Member States’ UK-based diplomatic missions
For comparable UK visa requirements:
• GOV.UK, Visas and immigration
63
EU Immigration Portal, General information/Who does what? (accessed 10 February 2021)

5 Other mobility related issues
The UK’s withdrawal from the EU has led to several other changes that may
impact on travel between the UK and the EU. The GOV.UK page on Visiting the
EU, Switzerland, Norway, Iceland or Liechtenstein page includes information
about changes to the rules on healthcare, driving, pet travel, mobile phone
roaming, compensation for travel disruption and bringing food and plants
into the EU, as well as an overview of visa and passport requirements.
The House of Commons Library has produced a set of publications on UK-EU

travel and mobility-related issues, as well as other publications on the UK’s
post-Brexit relationship with the EU. These include:
• Commons Library Insight, Driving in the EU after Brexit
• Commons Library briefing paper, Mobile roaming in the EU after Brexit
• Commons Library briefing paper, Pet travel after Brexit
• Commons Library briefing paper, Touring artists and the UK-EU

economic partnership

6 People with rights under the

Withdrawal Agreement
British citizens who were exercising free movement rights in an EU Member

State before 1 January 2021 have the right to remain in their host state after
that date, in accordance with the provisions in the UK-EU Withdrawal
Agreement (WA), agreed in October 2019. 64
The protections in the WA only apply in the person’s country of residence. The
WA does not give that protected cohort of British citizens onward free
movement rights throughout the rest of the EU. Rather, they are subject to the
same visa requirements as other British citizens.
Separate to the rights protected by the WA, some British citizens who have
been living in an EU Member State might also be covered by other provisions
in national or EU law with implications for their ability to move between EU
countries. 65 For example, a British citizen living in France with a French/EU
family member might have rights protected by the WA and also have rights as
a family member under French immigration law or the EU directive on the free
movement rights of EU citizens and their family members (the Citizens’
directive, Directive 2004/38/EC). The European Commission has confirmed
that it is possible for a WA beneficiary to hold multiple immigration statuses
under EU or national law. 66
British citizens who accumulate several years’ residence in a host EU country

might be eligible for a residence status under the host country’s national rules
on long-term residence, or under the EU directive on long-term residence for
non-EU citizens (Directive 2003/109/EC). The EU Directive on long-term
residence includes some provisions to enable long-term residents to exercise
a right to reside in another Member State for longer than three months. There
are EU proposals to reform this directive. However, the rules will remain more
restrictive than the comparable rights given by EU free movement of people
laws. 67
64
People with ‘derivative rights’ under EU law are excluded from the scope of the WA.
65
This briefing does not consider in detail the position of British citizens living in the EU. Individuals
should seek professional legal advice to clarify their legal status and entitlements in their country of
residence and throughout the EU under the WA or national or EU laws.
66
European Commission, ‘United Kingdom nationals and multiple immigration statuses’ (undated;
also published on British in Europe, ‘European Commission Updates on BiE advocacy’, 21 March
2022)
67
See EU Law Analysis, Long-term resident non-EU citizens: the EU Commission’s new proposal (part
1), 13 May 2022; and EU Law Analysis, Poundshop free movement? Long-term resident non-EU
citizens: the EU Commission’s new proposal (part 2), 15 May 2022

6.1 UK-EU Withdrawal Agreement
The Citizens’ rights section of the WA (Part Two) sets out the framework for
British/EU citizens’ continued legal residence in an EU Member State/the UK.
It provides for the right of permanent residence, and associated rights, such
as to social security and healthcare.
Article 15 confirms that EU/UK nationals and their family members acquire
rights of “permanent residence” after accumulating five years’ continuous
lawful residence in accordance with EU law, or the period specified in
Directive 2004/38/EC (the “Citizens’ directive”), before or after the end of the
transition period. Article 16 allows those who have not yet resided in their
host state for five years to acquire permanent residence under Article 15 when
they meet those requirements.
The same rules apply to UK citizens in an EU Member State and EU citizens in

the UK. But Article 18 permits states to adopt either a ‘declaratory’ or
‘constitutive’ system for verifying an individual’s rights. As a result, the
processes for verifying an individual’s rights under the WA vary between
state.
The UK and some EU countries have chosen to apply constitutive systems. This
means that their EU/UK residents must successfully apply for a new residence
status to have the protections set out in the WA. The other EU countries have
adopted declaratory systems, meaning that resident British citizens are not
required to make an application to have the rights provided for in the WA.
6.2 British citizens and family members living in

the EU before 2021
As noted above, each EU Member State must adhere to the WA’s legal
framework for protecting the rights of residence of British citizens and eligible
family members who were resident before the end of the transition period. But
states have discretion to require British residents to register for a new
residence status. Therefore, the specific application requirements and related
deadlines vary between EU states.
The European Commission has published details on its website on the relevant
process in each Member State for UK citizens applying for new residence
status (where applicable) and residence documents, and links and contact
details for further information and support in the Member States. See
European Commission, Information about national residence schemes for
each EU country.
A table on the European Commission, Citizens’ rights webpage (PDF) also

provides an overview of implementation of these systems in each Member

States. This includes whether they use declaratory or constitutive systems,

dates from which residence documents could be applied for, and deadlines
for UK citizens in constitutive systems to apply for their new residence status.
Even in states applying declaratory systems, whereby resident UK citizens

obtained their new residence status automatically, there were requirements
to register with national authorities and apply for a new residence document.
This was an administrative formality to help citizens certify their new
residence status.
The UK Government has raised concerns regarding the process in some EU

Member States for granting residence rights to UK citizens. This includes
concerns relating to how UK citizens provide evidence of their status (in the
absence of the need to apply for a new residence status) in declaratory states
and how they access benefits and services in some Member States. The UK
Government has requested that the EU emphasise the need for clear guidance
in declaratory Member States. It has also asked for a more “pragmatic and
flexible” approach in constitutive Member States, and greater clarity around
policies for late residency applications. 68 It has also raised concerns about
issues encountered by family members of British citizens protected by the WA
in securing their residence rights in Member States. 69
Comparable requirements for EU nationals and family

members resident in the UK
The UK is implementing the Citizens’ rights provisions of the WA through the
EU Settlement Scheme (EUSS).
EU citizens (and their family members) had to apply to the EUSS by 30 June
2021, although late applications are still possible in limited circumstances.
The scheme grants eligible applicants either settled or pre-settled status,
depending on whether they have already accrued five years’ continuous
residence in the UK. Settled status gives a permanent right to reside in the UK.
Pre-settled status allows the holder to remain in the UK for a further five years
from the date granted pre-settled status. This provides the necessary time for
applicants to become eligible for settled status. Holders of pre-settled status
can then switch to settled status.
The UK Government had taken the position that people who failed to upgrade
from pre-settled status before it expired would be in the UK unlawfully.
However, the High Court has since held that the residence rights associated
with pre-settled status do not expire. 70
68
See UK-EU Withdrawal Agreement Specialised Committee on Citizens’ Rights, Joint UK-EU statement
following the ninth meeting of the Specialised Committee on Citizens’ Rights, 24 January 2022.
69
European Commission, Joint statement following the meeting of the Specialised Committee on
Citizens’ Rights, 13 January 2023
70
R (Independent Monitoring Authority for the Citizens' Rights Agreements) v Secretary of State for the
Home Department [2022] EWHC 3274 (Admin), 21 December 2022

The UK made significant changes to the EUSS in response to the judgment.

These include automatic two-year extensions of pre-settled status and
automatic grants of settled status where government records show
continuous residence for five years. 71
Ministers say they will continue to encourage people to apply for settled
status, as this is “the best way of evidencing their right of permanent
residence”.72 They are also “working to ensure” that people with the right of
permanent residence can rely on it without applying for settled status. 73
Library briefings UK-EU Withdrawal Agreement: Implementation of citizens’

rights and The EU Settlement Scheme provide more detailed information.
Useful further sources to signpost constituents to

• European Commission, The EU-UK Withdrawal Agreement: Citizens’
rights
• GOV.UK, Living in Europe
• British in Europe (a coalition of grassroots citizens’ organisations

representing UK citizens living in the EU. The organisation is no longer
active. Information remains available on the website for reference
purposes but is not being updated).
For EU citizens living in the UK:
• GOV.UK, Continue to live in the UK if you’re an EU, EEA or Swiss citizen
• The 3 Million (a campaign organisation for EU citizens in the UK)
6.3 Agreements between UK and EEA and

Switzerland
When the UK was an EU Member State, British citizens also had broadly
similar free movement rights with the four EFTA states: Iceland, Liechtenstein,
and Norway which form the European Economic Area (EEA) with the EU; and
Switzerland, which has a free movement agreement with the EU.
71
Home Office press release, EU Settlement Scheme enhancements confirmed, 17 July 2023;
the3million, Updated Q&A document on the Home Office changes to the EU Settlement Scheme that
implement the High Court judgment on the case brought by the IMA, 13 October 2023
72
European Affairs Committee, Letter from Rt Hon Suella Braverman KC MP, Home Secretary,
regarding Rights of EU citizens in the UK and UK citizens in the EU under the Withdrawal Agreement
(PDF), 2 August 2023, p3
73
European Affairs Committee, Letter from the Home Secretary re: Rights of EU citizens in the UK and
UK citizens in the EU under the Withdrawal Agreement (PDF), 26 October 2023, p4

For summary guidance on the implications for British citizens of successor

arrangements for business travel to those countries, see:
• GOV.UK, Guidance: Iceland: providing services and travelling for

business
• GOV.UK, Guidance: Norway: providing services and travelling for

business
• GOV.UK: Guidance: Liechtenstein: providing services and travelling for

business
• GOV.UK, Trade with Switzerland from 1 January 2021/Trade in services
British citizens living in the EEA/Switzerland before 1

January 2021
Similar to the Citizens’ rights provisions in the WA, the UK has made
agreements with the EEA states and Switzerland to protect the rights of
residence of British citizens who moved to the EEA/Switzerland (and vice
versa) before 1 January 2021. See:
• UK-EEA Separation Agreement
• Swiss Citizens’ Rights Agreement

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Research Briefing

If you have any comments on our briefings please email

2 Commons Library Research Briefing, 28 November 2023

1 The end of free movement rights in the UK 7

1.1 The Brexit negotiations: UK and EU positions 8

2 Passports and procedures on entering the EU 14

2.1 Passport validity requirements 14

3 Short-term visits to the EU 17

3.1 EU requirements for UK nationals 17

4 Living, working or studying in the EU 26

4.1 Business travel 26

5 Other mobility related issues 28

6 People with rights under the Withdrawal Agreement 29

6.1 UK-EU Withdrawal Agreement 30

3 Commons Library Research Briefing, 28 November 2023

This briefing provides an overview of the implications of the UK’s new

The briefing focuses on the broad requirements applicable to British citizens

End of free movement rights

Since 1 January 2021:

• British citizens’ eligibility to live, work or study in an EU Member State

Passport and entry requirements for the EU

4 Commons Library Research Briefing, 28 November 2023

EU plans for Entry/Exit and ETIAS schemes

The UK is implementing a similar scheme to ETIAS for visitors to the UK.

Mobility arrangements in the Trade and Cooperation

But various reservations and exemptions apply. National immigration

5 Commons Library Research Briefing, 28 November 2023

Rights of British citizens living in the EU before 1

6 Commons Library Research Briefing, 28 November 2023

1 The end of free movement rights in the

Ending the application of free movement of people laws in the UK (and by

7 Commons Library Research Briefing, 28 November 2023

1.1 The Brexit negotiations: UK and EU positions

The UK did not propose extensive mobility-related arrangements with the EU

• The Citizens’ rights section of the WA protects rights of residence in the

Visa-free travel for short visits and business travel

8 Commons Library Research Briefing, 28 November 2023

If a Member State chose to impose a visa requirement on British citizens doing

Other mobility provisions

9 Commons Library Research Briefing, 28 November 2023

1.2 Mobility provisions in the TCA

• short-term business visitors.

• business visitors for establishment purposes.

• contractual service suppliers.

However, various reservations and exemptions apply. National immigration

Library briefing The UK-EU Trade and Cooperation Agreement: Temporary

10 Commons Library Research Briefing, 28 November 2023

1.3 Prospects for further discussions

• their legal framework relating to trade in services and investment,

• their non-conforming measures and reservations, (exemptions to the

Certain visa categories have attracted particular interest:

• Youth Mobility: Since reaching agreement on the TCA, the Government

11 Commons Library Research Briefing, 28 November 2023

an EU-wide agreement. 14 But it has not commented on the status of

• Creative sectors: The absence of provisions to facilitate temporary

• Visit visas: As discussed in section 2.1 of this briefing, the Government

12 Commons Library Research Briefing, 28 November 2023

13 Commons Library Research Briefing, 28 November 2023

2 Passports and procedures on entering

2.1 Passport validity requirements

2.2 Passport stamps and other supporting

When assessing whether to allow a British citizen to enter the country as a