Brexit and EU nationals

Information for EU nationals residents on EU settlement scheme, eligibility for Housing Benefit and Council Tax Support.

On 31 December 2020 the EU transition period as part of the withdrawal agreement, which saw the UK leave the EU came to an end. 

From 1 January 2021 the rights of EU nationals to continue to reside in the UK and claim Housing Benefit and/or Council Tax Support will change. 

The EU settlement scheme 

All EU nationals who are resident in the UK before 1 January 2021 (inclusive of family members including non-EU citizens) are required to apply to the EU settlement scheme. 

The EU settlement scheme grants immigration status for all EU nationals that were resident in the UK prior to 1 January 2021. 

Irish nationals are not required to apply for settlement status. 

Applications for the EU Settlement Scheme are free and completed by a 3-step online digital application form.

EU Settlement scheme information leaflet (PDF, 277KB)

EU Settlement scheme factsheet (PDF, 286KB)

Eligibility to Housing Benefit and/or Council Tax Support for EU nationals 

From 1 January 2021 access to Housing Benefit and/or Council Tax Support for EU nationals will fall into two categories: 

EU nationals who arrived and were resident in the UK before 1 January 2021 with either: 

  • Settled status (ILR)
  • Pre-settled status (LLR) 

All EU nationals with settled status are automatically eligible for Housing Benefit and/or Council Tax Support.

All EU nationals with pre-settled status are required to hold a qualifying right to reside to be eligible for Housing Benefit and/or Council Tax Support. 

EU nationals who arrive in the UK on or after 1 January 2021 are subject to a new points-based immigration system and have restricted access to Housing Benefit and/or Council Tax Support. 

EU nationals without EU settlement scheme status after 30 June 2021 

Any EU national who arrived in the UK before 1 January 2021 who does not have EU settlement scheme status (or an application pending) by 30 June 2021 will lose eligibility to Housing Benefit and/or Council Tax Support and will be treated as a person subject to immigration control. 

A grace period will be granted for all EU nationals while applications to the EU settlement scheme are processed, late applications made, and evidence of status is requested.

Late applications to the EU settlement scheme

If you have failed to meet the deadline to apply to the EU settlement scheme by the 30 June 2021 a late application can be submitted if you:

  • meet one of the criteria for a later deadline to apply
  • have ‘reasonable grounds’ for not applying by the 30 June 2021

EUSS late applications information