EU Settlement Scheme

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Prior to Brexit, European Economic Area (EEA)/Swiss citizens (termed ‘EEA citizens’ for these purposes) and their family members benefited from EU free movement rights, which were primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK on 17 October 2019, and the equivalent agreements reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations continued to apply in full throughout the transition period that applied immediately after the UK left the EU (ie between 1 February 2020 and 11 pm on 31 December 2020).

For details of the legal mechanisms for which effected the end of free movement, see Practice Note: What does IP completion day mean for Immigration? All EEA citizens arriving in the UK from that time (who are not otherwise in scope of the EU Settlement Scheme) have been subject to the new ‘single’ post-Brexit immigration system.

The EU Settlement Scheme (EUSS) was introduced as a new immigration route under the Immigration Rules that allows EEA citizens and their family

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Latest Immigration News

Policy Exchange publishes report on international student migration regime reforms

Policy Exchange has published a report, focussing on the UK’s international student migration system. The report states that 425,000 visas were issued to international students in 2024, accounting for 43% of all non-travel visas. It also argues that there has been an increase in visa switching, with 40% of study visa holders in 2023 transitioning to another visa within 12 months. The report argues that international students are displacing British students. The increase in international student enrolments is attributed to demand for short postgraduate courses at lower tier universities. Additionally, many universities are administering their own English language assessments, with 18% reporting that no international student has failed their internal qualifying tests. The report authors argue for reforms to reduce migration. These include: (1) scrapping the Graduate Visa route; (2) enforcing stricter English language requirements for international students; and (3) introducing a £1,000 annual International Student Levy, with exemptions for top tier universities. The report authors also argue that extending eligibility for student loans to EU students under the proposed ‘Youth Experience Scheme’ could cost HM Treasury £2bn over five years.

First tranche of White Paper changes issued

The Home Office has issued a new Statement of Changes in Immigration Rules HC 997, along with an Explanatory Memorandum (EM) on 1 July 2025. In addition to the immediate closure of the Afghan resettlement schemes (from 15:00 BST on 1 July 2025), the Statement principally brings in a number of significant changes to the Skilled Worker route, which were previously announced in the 12 May 2025 Immigration White Paper ‘Restoring control over the immigration system’. Those changes come into effect for persons issued with a Certificate of Sponsorship on or after from 22 July 2025. This piece sets out a summary of the main changes as set out in the EM, but the provisions are complex, and further detailed analysis will follow shortly.

Home Office clarifies guidance on ETA rules for dual citizens

On 29 May 2025 the Home Office published guidance covering how the Electronic Travel Authorisation (ETA) scheme will apply for persons who are dual citizens of the UK/Ireland and countries whose nationals require an ETA to visit the UK (if they do not otherwise hold a UK visa). The guidance notes that such persons are not eligible for an ETA. Instead, these individuals must prove their right to travel to the UK by presenting a valid British or Irish passport, or another valid passport that contains a certificate of entitlement to the right of abode. However, it goes on to state that ‘currently’, British dual citizens who do not have a valid British passport but hold a valid passport from ETA-required countries will continue to be allowed to enter the UK on their non-British passport without an ETA.  In an email to stakeholders dated 30 June 2025, the Home Office has confirmed that this is a ‘temporary measure’ during the current ‘transition period’. This means that ‘prior to full enforcement’ of the ETA scheme, it does not expect carriers to deny boarding to dual British or Irish citizens who are travelling only on their non-British/Irish document or without a certificate of entitlement. However, such persons will need to ensure that they make the necessary arrangements prior to the end of this transition period. Presumably this refers to the point that the Home Office brings into force section 76 of the Nationality and Borders Act 2022, which extends carriers liability penalties where a person does not have an ETA but requires one.

UKICE highlights post-Brexit rights challenges for Britons in the EU

UK in a Changing Europe (UKICE) has published a blog by Professor Michaela Benson examining the long-term effects of Brexit on the estimated 1.2 million British citizens residing in the EU, EEA and EFTA states. As many transition from temporary to permanent residence under the Withdrawal Agreement, disparities in national implementation and administrative procedures have created uncertainty and risk of exclusion, particularly for vulnerable individuals. The blog identifies inconsistent registration systems, gaps in support, and difficulties in proving status as key issues, noting that the absence of a unified oversight mechanism, such as the UK's Independent Monitoring Authority for EU nationals, exacerbates the problem. Benson calls for renewed systematic research to better understand the evolving experiences of this population, and draws attention to her own survey, which has a deadline of 11 July 2025.

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