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

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 (all bar Cyprus and Ireland) 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. Manual stamping of passports will however change with a new automated system the EU is planning to introduce (see below).

EU plans for Entry/Exit and ETIAS schemes

A new EU Entry/Exit System (EES) is scheduled to be introduced over a six-month period from October 2025. 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 late 2026. 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 commitments to facilitate travel for certain specified purposes related to the provision of services. It contains arrangements for short-term business visitors; business visitors for establishment purposes; intra-corporate transferees; contractual service suppliers; and independent professionals.

The TCA sets out various reservations and exemptions to business-related travel. 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 have been required to comply with 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.