Brexit and British Expats in the EU: Rights, Residency, and What Changed

Brexit fundamentally changed the legal status of British nationals in the European Union. Prior to 31 December 2020, British citizens enjoyed all the rights of EU free movement: the right to live, work, retire, and access services in any of the 27 EU member states on essentially the same terms as nationals. After that date, they became third-country nationals — subject to immigration rules as if they had never held EU citizenship status.

The consequences differ enormously depending on when you arrived in the EU. This guide maps those distinctions and sets out the options available to British nationals in Europe in 2026.

---

The Withdrawal Agreement: Protection for Those Already Resident

The EU-UK Withdrawal Agreement (which came into force on 1 February 2020 and whose citizens' rights provisions applied from 1 January 2021) is the principal source of legal protection for British nationals who were already living in EU member states before the end of the transition period.

Key provisions:

Scope: The Agreement protects British nationals who were exercising EU free movement rights in an EU member state on or before 31 December 2020. This means you were actually residing there — not simply visiting or holding a property.

Status secured: Qualifying British nationals acquired a right to continue residing in their host EU member state under the terms of the Agreement. The host state was required to establish a scheme to implement these rights. Most member states offer a specific residence permit or status — often called a "settled status" equivalent — to Withdrawal Agreement beneficiaries.

Family members: The Agreement also protects family members of qualifying British nationals who were residing in the host state before 31 December 2020, and in some cases family members who joined thereafter (subject to the rules of each member state).

Rights covered: Withdrawal Agreement beneficiaries broadly retain the rights they held under EU law: the right to reside, the right to work, access to public services, and in many cases the right to claim social security benefits (including healthcare) on the same basis as EU citizens.

Important limitation: Withdrawal Agreement rights apply only in the member state where the British national was resident on 31 December 2020. They do not confer EU-wide free movement rights. A British national protected by the Withdrawal Agreement in France cannot freely move to and reside in Germany on that basis — they would need to meet Germany's third-country national immigration requirements.

---

Applying for Withdrawal Agreement Residence Status

Each EU member state implemented its own system for British nationals to apply for Withdrawal Agreement status. Deadlines varied by country (most had a deadline of 30 June 2021, though some member states had later dates or extended processes).

If you are a British national who was resident in an EU member state before 31 December 2020 and have not yet applied for formal Withdrawal Agreement status, you should urgently take legal advice. Late applications may still be possible under certain member states' rules, but grounds for lateness must typically be demonstrated.

The status is usually evidenced by a residence document or permit. In some countries, it is a dedicated "Withdrawal Agreement" permit with specific colour coding or notation; in others, it is embedded within the existing national residence permit framework.

---

British Nationals Who Arrived After 31 December 2020

For British nationals who were not resident in an EU member state on 31 December 2020 and who have arrived — or wish to arrive — since then, the position is fundamentally different. They have no free movement rights and must apply through the standard immigration routes of the member state concerned, as citizens of a non-EU country.

This means:

• Visas or residence permits are required for stays of more than 90 days in any 180-day period across the Schengen Area
• Work requires a work permit or equivalent authorisation
• The route to permanent residence typically requires several years of legal residence
• The route to EU citizenship (which would restore EU-wide rights) is through naturalisation in a specific member state, subject to that state's laws

The practical requirements vary significantly by destination:

France: A long-stay visa (visa de long séjour) is required before residing for more than 90 days. Routes include the talent passport for professionals, family reunification, and retirement residency. French permanent residence is available after five years of lawful residence; French nationality requires five years of residence and passing integration conditions.

Spain: British nationals now require a residence visa. Retirement and passive income visas (the Non-Lucrative Visa) are available and have been popular with British retirees. Spain's Golden Visa was closed to new applicants on 3 April 2025, so the property-investment residence route is no longer available. Permanent residence after five years; nationality after 10 years (or two for nationals of Ibero-American countries and certain others).

Portugal: The D7 passive income visa, Golden Visa (post-2023 reforms), and digital nomad visa are available. Permanent residence after five years; nationality after five years.

Italy: Various visa categories exist; long-term EU resident status after five years; nationality after 10 years.

Germany: Employment visas, the new Opportunity Card (Chancenkarte), freelancer visas, and investor routes exist. Permanent residence after five years; nationality now (since the June 2024 reforms) possible after five years of residence as standard, reduced to three years for those demonstrating "special integration achievements." The reforms also permit dual citizenship.

---

Healthcare: The S1 Form for State Pensioners

A specific and significant protection for British state pensioners retired in EU member states is the S1 form (formerly known as the E121).

The S1 is a certificate issued by the UK's NHS/DWP to British state pensioners and their dependants who reside in the EU. It entitles them to state-funded healthcare in their country of residence, with the cost recharged to the UK. This arrangement is provided for in the Withdrawal Agreement for those resident before 31 December 2020 and also applies under the EU-UK Trade and Cooperation Agreement for new state pensioners retiring to the EU.

In practice, S1 holders register with the healthcare system of their EU country of residence and are entitled to the same level of healthcare as nationals of that country under the state system, without paying local health insurance contributions.

This is a valuable provision that is often overlooked by British retirees in the EU. S1 applications are made to the relevant UK authority before moving (or upon drawing a UK state pension).

Caveat: S1 arrangements require ongoing bilateral co-operation and could theoretically be affected by future UK-EU negotiations. While there is no current indication of change, this should be monitored.

---

State Pension Uprating in the EU

State pension uprating — the annual increase to the UK state pension — is a politically sensitive issue. The UK government operates a "triple lock" policy domestically, guaranteeing an increase each year by the highest of earnings growth, price inflation, or 2.5%.

Historically, British expats in many countries outside the EU received a "frozen pension" — their state pension was set at the level at the time they emigrated and never uprated. EU residency, under free movement rules, provided protection.

Under the Withdrawal Agreement and current bilateral arrangements, British state pensioners resident in EU member states do receive uprating — their pensions increase in the same way as those resident in the UK. This was confirmed as part of the trade and cooperation negotiations and reflects the mutual agreement on social security coordination.

British nationals who retire to the EU after Brexit — those not covered by the Withdrawal Agreement — are also currently protected under the UK-EU Social Security Coordination Protocol, which provides for uprating of pensions for those resident in EU member states. However, the long-term future of this coordination depends on the continuation of the Protocol, which is a product of political agreement rather than permanent treaty obligation.

---

Irish Citizenship: The Brexit Dividend

One of the most practical responses to Brexit for eligible British nationals has been the acquisition of Irish citizenship by descent. A British national with a parent or grandparent born on the island of Ireland is eligible to register their citizenship with the Irish Consulate General.

Irish citizenship confers:

• An EU passport with full EU free movement rights across all 27 member states
• The right to live, work, and access services in any EU member state
• Indefinite rights in the UK under the Common Travel Area (Ireland and the UK maintain a separate arrangement)
• Visa-free travel to the United States under the US Visa Waiver Programme (an ESTA is required, as it is for UK and other VWP nationals, but no full visa is needed for short visits)

Given that Ireland and the UK share the Common Travel Area, Irish citizenship does not require any effective change to daily life for British nationals living in the UK. It simply adds an EU passport. The demand for Irish passports from British nationals has been extremely high since 2016.

---

Pathways to EU Citizenship

For British nationals without Irish eligibility, acquiring an EU passport restores full EU-wide rights. The available pathways include:

• Naturalisation in France, Spain, Portugal, Italy, Germany, or another EU member state after the applicable residence period
• Citizenship by descent in Poland, Italy, Hungary, or other EU states where ancestry connections exist
• Golden Visa residence programmes leading eventually to naturalisation (Portugal, Greece). Malta's investor-citizenship route was ruled unlawful by the European Court of Justice in April 2025 and is no longer available
• Cyprus investment/naturalisation (subject to the current rules, which have changed significantly since the CBI programme closure in 2020)

---

How Global Investments Can Help

Brexit created a complex mosaic of rights, obligations, and opportunities for British nationals in the EU. Our advisers assist clients with:

• Reviewing Withdrawal Agreement status and ensuring it is properly evidenced
• Identifying the most efficient residence and citizenship pathway for British nationals wishing to establish EU rights
• Irish citizenship by descent applications through our specialist network
• Golden Visa strategies in Portugal and Greece that combine investment objectives with a residency pathway
• Tax residency planning for British nationals moving to or between EU member states

Our team has significant experience with the post-Brexit landscape and works with specialist immigration lawyers in major EU jurisdictions. Contact us to discuss your situation.

This guide reflects the position as of 2026 and is for general information only. Brexit law and bilateral arrangements between the UK and the EU are subject to ongoing development. Always seek qualified legal advice. Global Investments does not provide legal or immigration advice.