Rights of EU Citizens in Manchester After Brexit: What You Need to Know in 2026

More than five years on from the end of the Brexit transition period, EU, EEA and Swiss citizens living in the UK still have important rights, but the rules and the paperwork have changed significantly. If you moved to the UK before Brexit, are joining family here, or you are simply unsure whether your status is secure in 2026, this guide explains where things stand and what you may need to do.

At MCR Solicitors in Manchester, our immigration team advises EU nationals and their families on settled and pre-settled status, late applications, eVisas, citizenship and refused or complex cases. This article is general information about the law in England and Wales and is not a substitute for advice on your own circumstances.

The big picture: what Brexit changed for EU citizens

Free movement between the EU and the UK ended on 31 December 2020, at the close of the Brexit transition period. Since then, EU, EEA and Swiss citizens no longer have an automatic right to live and work in the UK simply by virtue of their nationality. Instead, your rights depend on your immigration status.

Broadly, there are three groups of people, and it is important to know which one you fall into:

• Those already resident before the end of transition (living in the UK by 31 December 2020). This group could apply to the EU Settlement Scheme to protect their existing rights.
• Family members joining a settled EU citizen after Brexit, who may still qualify to apply under the Settlement Scheme in certain circumstances.
• New arrivals who came, or want to come, to the UK after Brexit for work or study. These individuals generally have to use the same Points-Based Immigration System as non-EU nationals, such as the Skilled Worker or Student routes.

If you are Irish, your position is different. Irish citizens continue to enjoy rights under the long-standing Common Travel Area arrangements and do not need to apply to the EU Settlement Scheme to live, work and access services in the UK, although some choose to apply anyway.

The EU Settlement Scheme: settled and pre-settled status

The EU Settlement Scheme (EUSS) is the route the UK created to protect the rights of EU, EEA and Swiss citizens (and their family members) who were resident before Brexit. It grants one of two forms of status.

Settled status

Settled status is a form of indefinite leave to remain. You generally qualify once you have lived in the UK for a continuous five-year period (broadly meaning you have not been absent for more than six months in any 12-month period, subject to some permitted exceptions). Settled status means:

• You can live and work in the UK without time limit.
• You can leave and return to the UK, although settled status can be lost after a continuous absence of more than five years.
• You are usually eligible to apply for British citizenship, if you meet the separate nationality requirements.
• Children born to you in the UK after you obtain settled status are usually British citizens automatically.

Pre-settled status

Pre-settled status is a form of limited leave to remain, granted to eligible people who had not yet built up five years of continuous residence. It allows you to live and work in the UK and to build up the residence you need to move to settled status.

The position of pre-settled status holders has been an area of significant legal change following litigation brought by the Independent Monitoring Authority. As a result, the Home Office has taken steps including automatically extending pre-settled status so that it does not simply expire, and using automated checks to convert eligible people to settled status without a fresh application where the data allows. Even so, you should not assume the system has captured your case correctly. Check your digital status regularly and keep evidence of your continuous residence, because you remain responsible for making sure your status is upgraded to settled status when you qualify.

Did the application deadline pass? Late applications explained

The main deadline to apply to the EU Settlement Scheme for those resident before the end of transition was 30 June 2021. However, the scheme did not close entirely. The Home Office continues to accept late applications where a person can show reasonable grounds for missing the deadline.

Reasonable grounds can include, for example, being a child whose parent did not apply on their behalf in time, serious medical conditions, being a victim of modern slavery or an abusive relationship, or other circumstances that prevented a timely application. If you were living in the UK before Brexit but never applied, or you applied for a family member and forgot a child, it is important to seek advice quickly rather than assume it is too late. A late application still needs to be argued properly, and the requirements have tightened over time, so professional help can make a real difference.

From physical documents to eVisas: proving your status in 2026

One of the biggest practical changes in recent years is the move to eVisas. Status under the EU Settlement Scheme has always been digital rather than a physical card or stamp, and the UK has now moved almost entirely to online proof of immigration status.

In practice this means:

• You prove your rights using an online service by generating a share code through your UKVI account, which you give to an employer, landlord or other checker.
• Physical documents such as biometric residence permits have been phased out, so if you still relied on one you should make sure you have set up and can access your online UKVI account.
• You should keep your account details, contact information, and identity document details up to date, so you do not get locked out when you need to prove your status, for example at the border or when starting a new job.

If you cannot access your account, have lost access to the email or phone linked to it, or your status is not displaying correctly, do not ignore the problem. Errors in digital status records can cause real difficulties with work, renting and travel, and they can usually be resolved with the right steps.

Your day-to-day rights with settled or pre-settled status

Working

Both settled and pre-settled status allow you to work in the UK, including self-employment. Employers are required to carry out right to work checks, and you will normally satisfy these by sharing an online code. You should never be pressured into a different immigration route by an employer who does not understand that your EUSS status already permits you to work.

Renting a home

Landlords in England must carry out right to rent checks. Your online status allows you to prove your right to rent. If you have pre-settled status with a future expiry date, a landlord may need to carry out a follow-up check, but this does not mean you have fewer rights to rent while your status is valid.

Benefits and NHS healthcare

Access to certain benefits can depend on your status and whether you can show you are exercising particular rights or have a qualifying right to reside. Settled status generally gives the strongest position. Pre-settled status can also give access to benefits in many situations, an area that has been heavily litigated, so advice is worth taking if you are refused. You continue to be able to use the NHS on the same basis as before, and EUSS applicants do not pay the Immigration Health Surcharge.

Travel

You can travel in and out of the UK using your valid passport or national identity card, subject to the documents the Home Office currently accepts, and by keeping your online status accessible. Be careful about long absences, as extended time outside the UK can affect both your ability to move to settled status and, later, to keep it.

Family members: bringing or keeping loved ones in the UK

Family rights are one of the most common reasons EU nationals contact us. The routes available depend heavily on dates and relationships.

• Family members already in the UK before Brexit could generally apply under the EU Settlement Scheme in their own right.
• Joining family members, such as a spouse, partner, child or dependent relative, may still be able to apply under the Settlement Scheme where the relationship existed before the end of transition and continues to exist, subject to detailed rules.
• An EUSS family permit can allow certain family members abroad to travel to the UK to then apply for status.
• Where the Settlement Scheme does not apply, for example a relationship formed after Brexit, family members will usually need to use the standard family or partner Immigration Rules, which have their own financial and other requirements. These thresholds change from time to time, so you should check gov.uk for the current figures or take advice.

The distinctions here are technical, and getting the route wrong can lead to a refusal. If your family situation is complicated, particularly where there are children, previous refusals, or gaps in residence, it is worth speaking to a solicitor before you apply.

Frontier workers and other special situations

Some EU citizens work in the UK but live elsewhere. If you were doing so before the end of transition, you may qualify for a frontier worker permit, which protects your right to keep working in the UK while living abroad. As with the main scheme, the rules turn on when you started and whether you have maintained the required activity, so keep good records.

From settled status to British citizenship

Many EU nationals with settled status eventually consider naturalising as British citizens. Settled status is usually a prerequisite, and there are separate requirements to meet, which commonly include a qualifying period of residence, limits on absences, meeting the good character requirement, and passing the Life in the UK test and an English language requirement. There is a fee, and citizenship requirements and fees change over time, so check the current position on gov.uk before applying. Naturalisation is a significant step and mistakes over absences or residence can lead to refusal, so it is an area where advice is often valuable.

Common problems we help with

• People who never applied to the Settlement Scheme and now need to make a late application with reasonable grounds.
• Pre-settled status holders who are unsure whether or how to move to settled status.
• Errors or gaps in digital status, or being unable to access a UKVI account or eVisa.
• Refused EUSS or family applications, and advice on administrative review or appeal.
• Family members trying to join or remain with a settled EU citizen.
• Employers or landlords wrongly questioning a person's right to work or rent.

Frequently asked questions

Do EU citizens still need a visa to live in the UK in 2026?

If you were resident before the end of the Brexit transition period and obtained status under the EU Settlement Scheme, you do not need a separate visa, your EUSS status is your permission to be here. If you are a new arrival after Brexit, you will generally need to use the Points-Based Immigration System, such as the Skilled Worker or Student route, in the same way as non-EU nationals.

What is the difference between settled and pre-settled status?

Settled status is indefinite leave to remain, usually granted after five years of continuous residence, with no time limit on staying in the UK. Pre-settled status is limited leave for those who have not yet reached five years, and it allows you to remain and build up the residence needed to move to settled status.

I missed the EU Settlement Scheme deadline. Is it too late?

Not necessarily. The Home Office still accepts late applications where you can show reasonable grounds for missing the 30 June 2021 deadline, such as being a child, serious illness, or being a victim of abuse or modern slavery. Late applications need to be argued carefully, so it is best to take advice quickly.

How do I prove my status now that physical documents have gone?

Your status is digital. You prove it by logging into your UKVI account and generating a share code, which you give to an employer, landlord or other checker. Make sure you can access your account and that your contact and identity details are up to date, so you are not locked out when you need it.

Can my family join me in the UK?

It depends on your relationship and the relevant dates. Certain family members can still apply under the EU Settlement Scheme, sometimes using an EUSS family permit to travel first. Where the scheme does not apply, family members usually have to use the standard family Immigration Rules, which have financial and other requirements. Because the routes are technical, advice before applying can prevent a refusal.

Does pre-settled status expire if I do nothing?

Following legal challenges, the Home Office has taken steps to automatically extend pre-settled status so that it does not simply lapse, and to convert eligible people to settled status through automated checks. However, you should not rely on this alone. Check your digital status regularly, keep evidence of your residence, and take action if it has not been upgraded when you qualify.

Speak to MCR Solicitors in Manchester

EU citizens' rights after Brexit can look simple on the surface and turn out to be complicated in practice, especially with late applications, family members, digital status errors or refusals. Getting the right advice early can protect your ability to live, work and stay in the UK.

Our immigration solicitors in Manchester can review your situation, explain your options in plain English and handle your application or appeal for you. To speak to a member of our team, call MCR Solicitors on 0161 466 1280 for a confidential discussion about your circumstances.