Five years post-Brexit, Brits encountering challenges in Europe continue to face hurdles
As we approach 2025, British citizens living in the European Union (EU) under the Withdrawal Agreement are preparing to update their residence status from temporary to permanent. This transition, which involves upgrading from pre-settled to settled status, is a key element for many Britons who have been residing in the EU since the UK's departure from the bloc on January 31st, 2020.
The process of upgrading status requires British citizens with pre-settled status to apply online through a digital application system. This system verifies their identity and residence history with official sources, although some cases may require additional documents. Once approved, the status is recorded digitally in Home Office systems, making it accessible online for verification by employers, landlords, and authorities [3].
To ease the transition, the UK government has been working on automating the upgrade process. However, concerns have been raised about the administrative readiness of some EU Member States to accept late applications, inconsistencies in granting temporary vs permanent residence status, and handling cases involving multiple immigration statuses [2].
A recent High Court judgment in 2025 ruled that pre-settled status holders automatically acquire permanent residence rights once they reach five years’ qualifying residence, without needing to apply. However, the practical implementation and awareness of this judicial ruling remain to be fully established [5].
Jane Golding, co-founder of the group British in Europe, expresses concern about the difficulties some British citizens are experiencing in updating their status, particularly in countries where the percentage who were granted permanent residence was initially low. Golding's organisation has been advocating for the rights of Britons in the EU during the Brexit negotiations.
Another challenge facing Britons in the EU is the introduction of the new EU digital border system, the Entry/Exit System (EES), expected to become operational later this year [1]. Meanwhile, the Spanish government's intention to apply a 100% tax on property sales to non-EU buyers is another unanticipated drawback of leaving the EU [6].
Despite these hurdles, it's important to note that the majority of UK citizens living in EU countries have secured the right to stay. Britons resident in Spain, for example, will be exempt from facial recognition and fingerprinting if they possess a TIE residency card [7]. However, failure to obtain the TIE residency card could cause issues when traveling outside the EU and could result in being refused entry or being flagged as an over-stayer.
In conclusion, British citizens in the EU will generally need to apply through the digital system to upgrade to permanent residence by presenting evidence of five years’ continuous residence. While automation and digital verification are improving the process, concerns about administrative preparedness, late application acceptance, and clarity around the judicial ruling on automatic acquisition of permanent residence rights remain important issues to watch in 2025 [2][3][5]. Beneficiaries are advised to carefully follow guidance and keep documentation to ensure a smooth upgrading of their status.
- The transition from pre-settled to settled status, a crucial element for many Britons living in the EU, requires an online application that verifies identity and residence history.
- The UK government is working on automating the upgrade process, but concerns have been raised about administrative readiness of some EU Member States, inconsistencies in granting temporary vs permanent residence status, and handling cases involving multiple immigration statuses.
- A recent High Court judgment ruled that pre-settled status holders automatically acquire permanent residence rights after five years' qualifying residence, but the practical implementation and awareness of this ruling remain incomplete.
- Another challenge for Britons in the EU is the new EU digital border system, the Entry/Exit System (EES), and the Spanish government's proposed 100% tax on property sales to non-EU buyers.
