10 years after Brexit: What does it mean for EU citizens living in the UK?

It has been 10 years since the UK voted to leave the European Union in the Brexit referendum. A decade on, Brexit continues to shape the lives of hundreds of thousands of EU citizens living in the UK.

From free movement to the EU Settlement Scheme

Until 31 December 2020, EU citizens benefited from free movement across EU member states, including the UK. They could live, work, study and rent property without needing immigration permission. After this date, newly arriving EU citizens became subject to the same immigration rules as other foreign nationals.

To protect the rights of those already living in the UK, the government introduced the EU Settlement Scheme (EUSS). Eligible residents could apply for either pre-settled or settled status, depending on how long they had lived in the UK. The application deadline was 30 June 2021.

Challenges within the scheme

For many EU nationals, the process was relatively straightforward. However, the scheme proved far more challenging for vulnerable groups, including older people, people experiencing homelessness, victims of exploitation, people in abusive relationships, and those experiencing mental health or addiction issues.

Common barriers such as gaps in employment, missing identity documents, limited English or poor digital skills often prevented people from applying on time. As a result, many long-term residents unknowingly became so-called "overstayers" despite having built their lives in the UK.

Although late applications remained possible after the deadline, applicants initially only needed to provide a reasonable explanation, such as lacking access to legal advice or identity documents. Most were accepted by the Home Office. However, from August 2023, the rules became significantly stricter, meaning applicants generally need to demonstrate much more serious reasons for applying late.

Many of our clients did actually to apply before or shortly after the June 2021 deadline but the Home Office refused their applications because they could not provide enough evidence of their UK residence. While the Home Office checks National Insurance and tax records, the burden of proving residence ultimately falls on the applicant. Immigration advisers can help gather evidence from hospitals, GPs, banks, charities and other organisations, but this is often extremely difficult, particularly for people experiencing homelessness. For many of our most vulnerable clients, it took years before they were able to access immigration advice and support.

Changes to the scheme

Another significant problem has been the frequent changes to the scheme. These changes have altered who qualifies to apply and what rights people have, meaning two individuals in almost identical circumstances can be treated differently depending solely on when they applied.

For example, the rules on how long someone with pre-settled status could spend outside the UK have changed over time. People with pre-settled status were also originally required to submit further applications to keep or upgrade their status before the courts ruled that this requirement was unlawful. Permission to remain is now extended automatically.

The same pattern has applied to other parts of the scheme. Following legal challenges, the government has had to broaden eligibility for some family members and recognise wider rights for people with pre-settled status to access public funds. However, these changes came only after years in which many people were told they were not eligible. We continue to meet people who are homeless, have pre-settled status, and remain unaware that they may qualify for support.

Barriers continue to exist

Significant problems remain. Unlike most people with pending Home Office applications, those applying under the EU Settlement Scheme generally cannot access temporary accommodation while waiting for a decision. Oversight bodies such as the Independent Monitoring Authority have found that the Home Office has not always determined applications within a reasonable timeframe. For affected people, delays can mean homelessness, an inability to work or rent accomodation, and exclusion from essential services. One of our clients has now been waiting more than five years for a decision while remaining homeless.

Perhaps the greatest barrier is the complexity of the scheme itself. Appendix EU requires applicants to navigate dense cross-references and technical definitions that make it difficult to understand who qualifies for different rights. For many people, understanding their status requires specialist legal advice that is either costly or difficult to access for free.

10 years on

Ten years after the Brexit vote, the EU Settlement Scheme has secured the status of millions of people. But for many of the most vulnerable, it has become a system that is difficult to understand, difficult to navigate and too often unforgiving. The repeated need for legal challenges to correct the scheme shows that protecting people's rights should never depend on their ability to challenge the rules in court.

As with many immigration routes, for those in a more fortunate position the scheme has been relatively successful and easy to navigate. For those on the margins of society though, it can remain a complicated labyrinth.