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House of Commons Library considers implications of Brexit for British citizens wishing to travel, live, work or study in the EU

Summary

Overview of the implications of the UK's new relationship with the EU and the end of free movement

By EIN
Date of Publication:

A useful new briefing paper from the House of Commons Library examines the implications of the UK's post-Brexit relationship with the EU and the end of free movement rights in the UK for people wishing to travel or move to the EU.

It focuses on the broad requirements applicable to British citizens wishing to travel, live, work or study in the EU, and it also refers to the UK's comparable requirements for EU citizens.

You can download the 19-page briefing paper here and we've reproduced it below for easy reference.

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HOUSE OF COMMONS
LIBRARY

BRIEFING PAPER
Number 9157, 5 March 2021

After Brexit: Visiting, working, and living in the EU

By Melanie Gower, Ilze Jozepa, Stefano Fella

Contents:
1. The end of free movement rights in the UK
2. Practical effects
3. People with rights under the Withdrawal Agreement
4. Agreements between UK and EEA and Switzerland

www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | papers@parliament.uk | @commonslibrary

Contents
Summary
1. The end of free movement rights in the UK
1.1 UK and EU negotiating positions
1.2 Mobility provisions in the TCA
1.3 Prospects for further discussions
2. Practical effects
2.1 Visiting the EU
Comparable UK requirements for EU nationals
2.2 Business travel to the EU
2.3 Living, working or studying in the EU
2.4 Passports and procedures on entering the EU
2.5 Other mobility related issues
3. People with rights under the Withdrawal Agreement
3.1 UK-EU Withdrawal Agreement
3.2 British citizens and family members living in the EU before 2021
4. Agreements between UK and EEA and Switzerland

Cover page image copyright Europe-red-dot map. Photo by KOBU Agency on Unsplash / image cropped.

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. It focuses on the broad requirements applicable to British citizens wishing to travel to the EU. It also refers to the UK's comparable requirements for EU citizens.

The end of British citizens' 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 travel to, live, work or study in an EU Member State without needing a visa. They (and their family members) had been 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.

From 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.

• 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.

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 are 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.

The TCA also provides for a continuation of necessary heath care cover for British visitors to the EU, similar to previous EHIC arrangements.

UK drivers can continue to use UK driving licenses in the EU, under separate agreements.

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 sets its own procedures for confirming that a person has rights protected by the WA, within the parameters set by the WA.

1. The end of free movement rights in the UK

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 [1] countries as apply to citizens of other countries.

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.

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 that apply for the UK-Ireland Common Travel Area. In this briefing, therefore, references to visa requirements for travel to the 'EU' and Member States do not apply to Ireland.

1.1 UK and EU negotiating positions

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. [2]

In February 2019 the European Council said that following Brexit, UK citizens coming to the Schengen area for a short stay (90 days in any 180 days) would be granted visa-free travel (see section 2.1).

The EU's draft legal text, published on 18 March 2020, proposed reciprocal visa-free short-term travel for British and EU citizens (Article MOBI.4). This would have allowed citizens to stay (and potentially work) in the EU/UK for at least 90 days in any 180-day period.

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, under the EU's proposal (Annex MOBI-1), 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 ad hoc basis; journalists sent by the media of their country of residence; and intra-corporate trainees.

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.

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. [3]

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 (e.g. categories of traveller that could have been exempted from visa requirements). The annexes have not been published. The Government resisted calls to publish them, arguing that it would be inappropriate to do so because the information was exchanged with EU negotiators in confidence. [4]

Mobility of natural persons

As well as arrangements for business travel, the non-binding Political Declarations 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.

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.

The UK's published proposed treaty texts did not include comparable proposals.

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 agreements 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; and

• 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 are subject to the different regulatory regimes of each EU Member State. Likewise, EU business travellers are subject to the visa requirements specified in the UK's immigration rules.

Library briefing The UK-EU Trade and Cooperation Agreement: Temporary Business Travel, February 2021, provides a more detailed overview.

The TCA also comments on the parties' positions on visa-free travel for short-term visits. Article VSTV.1 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 VSTV.1 to new Member States. Article VSTV.1 will not apply to a new Member State to the EU, unless the UK and EU have taken a decision on how it applies. [5]

1.3 Prospects for further discussions

Article SERVIN1.4 in Title II of the TCA provides for the parties to review, after five years:

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

• the provisions of the TCA provisions, and

• their non-conforming measures and reservations, i.e. exemptions to the commitments on services under the TCA.

Furthermore, Article FINPROV.3 provides for a review of the TCA every five years. There are no provisions that would compel the parties to review the Agreement earlier. [6]

Some observers have speculated that, over time, there will be pressure 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. [7]

Since the start of this year, a lot of PQs have asked whether the Government intends 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, the extent to which the UK Government has scope to engage in bilateral discussions with individual EU Member States on matters related to immigration is also affected by considerations of whether the EU has exclusive competence over the policy area in question.

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 an EU-wide agreement. But it has not indicated whether any substantive discussions are currently in progress. [8]

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. [9]

Creative sectors: The absence of provisions in the TCA to facilitate temporary business travel for people working in the media/creative/arts and cultural sectors has received widespread attention and been heavily criticised by stakeholders. As highlighted by EDM 1413 of the current session, sector representatives are calling on the Government to negotiate immediately a supplementary agreement with the EU "to secure the ability of all creative workers including musicians, performers, their equipment and others such as technicians to travel and earn in Europe".

The Government says that the arrangements it proposed to the EU during the course of the negotiations on the TCA "remain on the table and our door is open if the EU is willing to reconsider its position." [10] It has also established a cross-government working group to consider how to proceed with engagement with EU Member States on travel issues faced by the sector. An answer from the DCMS to a recent PQ commented: "It is within Member States' gift to improve their arrangements and we will engage with bilateral partners to find ways to make life easier for those working in the creative industries in countries across the EU." [11]

2. Practical effects

Citizens of EU and EFTA countries seeking to live and work in the UK are now subject to the same immigration rules as the citizens of other third countries. Similarly, British citizens travelling to or seeking to live and work in the EU are treated in the same way as the citizens of other non-EU third countries.

This has significant and wide-ranging implications for the ease by which British citizens (and their family members) can travel to, live, and work or study in EU Member States from 1 January 2021, compared to the previous free movement rights. [12]

2.1 Visiting the EU

EU Member State requirements for UK nationals

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. [13]

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 26 Schengen States for up to 90 days in any 180-day period. [14] Visas for visits exceeding that period, or for other purposes (e.g. work or study) would depend on Member States' national provisions.

The EU intends to introduce a European Travel Information and Authorisation System (ETIAS) from late 2022 onwards. This means that even visitors from countries with visa-free arrangements with the EU (including the UK) will have to get authorisation (an ETIAS visa waiver) to visit the 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. The ETIAS visa waiver 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). This compares to the US ESTA-waiver which has a duration of two years and costs $14.

The ETIAS-waiver will be for visits for periods of up to 90 days. Visits for longer periods (e.g. for work or study) will require a separate visa. [15]

Visiting non-Schengen Area EU countries

The Schengen visa arrangements do not apply to the five EU Member States that are not part of Schengen (Bulgaria, Croatia, Cyprus, Ireland and Romania). These countries can establish their own visa arrangements, although all but Ireland are seeking to join Schengen in the near future. Ireland has the Common Travel Area with the UK.

Useful further sources to signpost constituents to

• GOV.UK, country-specific Foreign travel advice/"Entry requirements" pages

• EU Member States' UK-based diplomatic missions

• European Commission/Migration and Home Affairs/Visa policy and related sub-pages

• European Commission/Migration and Home Affairs/Short stay visa calculator and related user manual

Second-home owners

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.

Comparable UK requirements for EU nationals

Nationals of EU Member States 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, they are considered for permission by immigration officers at UK passport control).

The UK's Immigration Rules allow general visitors to stay in the UK for up to 180 days at a time. Unlike the Schengen visa rules, the UK's rules do not specify how visits must be spaced apart (so 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. A person who makes frequent or successive visits to the UK, with the effect that they would be living in the UK for extended periods of time, could be refused under the 'genuine visitor' requirement in the rules. [16]

The UK plans to introduce an 'Electronic Travel Authorisation' (ETA) requirement in the future, similar to the EU's ETIAS scheme. It will apply to people seeking to transit the UK and all non-visa nationals seeking entry as a visitor (including EU nationals). The ETA system will be part of a broader 'permission to travel' scheme which is scheduled to be in place by 2025. Initial testing of the permission to travel programme is scheduled to begin in September 2021. Primary legislation is needed to introduce the ETA requirement. [17]

Why are the UK and EU visit visa allowances different?

Some people have queried why EU nationals are able to 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. [18] The different visit visa conditions reflect the Parties' different longstanding approaches to calculating short-stay visit visa allowances, which predate the TCA. They are the same as the terms offered by the UK/EU to visitors from other non-visa national countries.

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. [19]

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. [20] The Government has confirmed that it did not seek to agree special mobility rights for second-home owners. [21] 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. [22]

2.2 Business travel to the EU

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 doesn't establish uniform, EU-wide visa requirements. Instead, each country applies its own specific visa requirements.

Useful further sources to signpost constituents to

• 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:

• GOV.UK, Visas and immigration

2.3 Living, 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. [23]

EU nationals coming to the UK from 1 January 2021 are subject to the same UK visa requirements as non-EEA nationals. These are set out in the UK's immigration rules.

Useful further sources to signpost constituents to

• 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

2.4 Passports and procedures on entering the EU

The EU's Your Europe website says that non-EU nationals wishing to visit or travel within the EU must have a passport "valid for at least 3 months after the date you intend to leave the EU country you are visiting".

UK guidance expresses the EU requirements slightly differently, stating that most EU countries require UK passport holders to have six months left on their passport when travelling to the EU. [24] Assuming that a British citizen stayed in the EU for the maximum 90-day visa-free allowance, having at least 3 months' validity after their date of departure would equate to six months' validity in total.

The EU also requires that non-EU nationals' passports have been issued in the previous 10 years. The maximum validity period for adult British passports is 10 years. However, between 2001 and September 2018, some adult British passports were issued with validity periods longer than 10 years. People renewing 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 the effect is that 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.

British citizens may no longer be able to use the border control lanes for EU citizens, and border officials in EU countries may ask for other supporting documents such as an invitation letter, proof of lodging, return or round-trip ticket.

Useful further sources to signpost constituents to

• Your Europe, Travel documents for non-EU nationals

• GOV.UK Visit Europe from 1 January 2021

• GOV.UK, Foreign travel advice

2.5 Other mobility related issues

The UK's withdrawal from the EU has led to a number of other changes that may impact on travel between the UK and the EU. These include the following:

Health care cover

Under the social security coordination protocol of the Trade and Cooperation Agreement, UK nationals travelling to an EU Member State will continue to have access to necessary healthcare, under arrangements similar to the previous European Health Insurance Card (EHIC) scheme.

The EHIC has been replaced by the Global Health Insurance Card (GHIC), but UK-issued EHICs will remain valid in the EU until they expire.

The old EHIC and new GHIC are not valid in the four EFTA states. The UK is seeking to conclude new, comprehensive agreements on social security coordination, including reciprocal healthcare, with the EEA EFTA States and with Switzerland.

Further information on reciprocal healthcare in the TCA can be found in section 2.6 of the Library briefing the UK-EU Trade and Cooperation Agreement: summary and implementation.

See also the Government guidance on healthcare for UK nationals visiting the EU and the NHS website page to apply for a GHIC.

Pet passports

The EU pet travel scheme (pet passports) no longer applies to UK pet owners. Government guidance issued on 16 December confirmed that owners of pets would need to get the appropriate vaccinations and an animal health certificate from a vet for their dog, cat or ferret ahead of travel to the EU or Northern Ireland. See Commons Library briefing Brexit and Pet Travel for further details on this change.

Driving licenses

The Government announced on 31 December that agreement had been reached with all 27 EU Member States to recognise UK licences without the need for an international drivers' permit.

Government guidance on Driving in the EU states that you do not need an international driving permit (IDP) to visit and drive in the EU, Switzerland, Iceland or Liechtenstein, but will need to carry your UK driving licence with you. However, you might need an IDP to drive in some EU countries and in Norway if you have a paper driving licence or a licence that was issued in Gibraltar, Guernsey, Jersey or the Isle of Man

If you live in an EU or EFTA country, you will need to exchange your driving licence for a local one.

You will also need a 'green card' as proof of motor insurance cover when taking your own vehicle into the EU (including Ireland) as well in Iceland, Liechtenstein, Norway, Switzerland, Serbia and Andorra. This can be obtained from the motor insurance company.

See Commons Library Insight Driving in the EU after Brexit for further details.

3. 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. [25]

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.

3.1 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 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.

3.2 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.

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). The EUSS is a 'constitutive' system. This means individuals must successfully apply to the EUSS to have the protections set out in the WA.

EU citizens (and their family members) must apply to the EUSS by 30 June 2021. In accordance with Article 15 of the WA, the scheme grants eligible applicants either settled or pre-settled status, depending on whether they have already accrued 5 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 5 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, subject to the eligibility requirements, by submitting another application. Library briefing The EU Settlement Scheme provides 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)

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)

4. 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. These are: 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.

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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[1] EFTA comprises three states that form the European Economic Area with the EU (Norway, Lichtenstein and Iceland) plus Switzerland (which has a free movement agreement with the EU).

[2] It was reflected, for example, in the Political Declarations agreed by both the May and Johnson governments in November 2018 and October 2019 respectively.

[3] Home Office, Policy statement on the future points-based immigration system, February 2020

[4] PQ UIN147050 [Entertainers: Work Permits], answered on 9 February 2021

[5] Article FINPROV.10 (4) of the Trade and Cooperation Agreement.

[6] Some aspects of the TCA can be subject to an earlier review (e.g. exemption from customs duties).

[7] Politico.eu, 'How performers lost out in 'eye for an eye' Brexit talks', 18 February 2021

[8] PQ UIN 150947 [Immigration: EU Nationals], answered on 11 November 2021. The May Government had also proposed a reciprocal UK-EU youth mobility scheme as part of a broader mobility agreement with the EU. See HM Government, The UK's future skills-based immigration system, Cm 9722, December 2018, para 6.58

[9] PQ UIN 142807 [European Union: Visas], answered on 1 February 2021; PQ UIN141928 [British Nationals Abroad: EU Countries], answered on 27 January 2021

[10] PQ UIN 153407 [Musicians: Visas], answered on 22 February 2021

[11] PQ UIN HL13303 [Musicians: Visas and Work Permits], answered on 19 February 2021

[12] As noted on p.4, in this briefing, 'EU' means EU Member States except Ireland

[13] Regulation (EU) 2018/1806 (as amended)

[14] The Schengen visa rules also apply for travel to Iceland, Norway, Switzerland and Liechtenstein (non-EU Member States that are members of the Schengen area).

[15] For further information see: https://www.schengenvisainfo.com/etias/ and https://www.etiasvisa.com/etias-news/etias-visa-how-will-it-affect-uk-citizens

[16] Immigration Rules, Appendix V, para V4.2

[17] HM Government, 2025 UK Border Strategy, CP352, 17 December 2020, p.63-66

[18] UK-EU Trade and Cooperation Agreement, Article VSTV.1

[19] PQ UIN 142807 [European Union: Visas], answered on 1 February 2021

[20] E.g. PQ UIN HL3246 [Visas], answered on 5 May 2020

[21] PQ UIN 86691 [British Nationals Abroad: EU Countries], answered on 14 September

[22] E.g. PQ UIN141928 [British Nationals Abroad: EU Countries], answered on 27 January 2021

[23] EU Immigration Portal, General information/Who does what? (accessed 10 February 2021)

[24] For discussion, see The Independent, 'Brexit: How travel to the EU has changed', 16 January 2021

[25] People with 'derivative rights' under EU law are excluded from the scope of the WA.