How upgrading to permanent residence benefits UK citizens living in the EU

As we approach the 5-year mark since the ratification of the Withdrawal Agreement (WA), many British citizens in the European Union (EU) will be facing another decisive moment in their post-Brexit lives.

Britons who applied or registered for temporary WA permits and cards when WA implementation began will soon upgrade to permanent residence once they have five years' legal residence in their EU host state, giving them additional rights. For Jane Golding, Project ICE, WA & Charter Lead at British in Europe, the message to British Citizens living in the EU is clear: “Don’t delay and don’t miss out on getting proof of permanent residence. There are benefits to upgrading to permanent residence and you are entitled to them.”

In this short article, we outline briefly four of the key benefits. See also the European Commission’s guidance note on permanent residence.

1. Greater freedom around absences

Since 2021, there have been cases where British citizens returning to their EU country of residence have faced questions, and in some cases incorrect information, regarding absences. When you have temporary or ordinary residence, you can only be absent from your EU country of residence for a limited period of time and this is important for retaining your rights (see our Guide to Absences). Acquiring permanent residence means that you can be absent from your country of residence for up to five years. This is a major advantage for British Citizens with elderly relatives living in the UK who require care; who have been offered job postings overseas by their employers; and in fact, in a range of other situations that require short or extended stays abroad.

2. Ease of permanent residence renewal

Another major benefit is the ease with which your WA card, once permanent residence is acquired, can be renewed. There are three main conditions that need to be satisfied to acquire permanent residence and apply for a WA permanent residence card to prove it. You must be able to show that you have:

• been legally resident in your EU country of residence for five years
• been a worker (employed or self-employed), or self-sufficient/a student with comprehensive health insurance during the five-year period
• not been absent from your EU country of residence for more than six months in any one year.

NB: Those who are self-sufficient or students must be able to show that there have been no gaps in their comprehensive health insurance during the five-year period.

Once you have acquired permanent residence and shown that you have fulfilled these conditions, the conditions themselves do not need to be evidenced again when you renew your card next time.

3. Access to student loans and funding

Although British in Europe successfully campaigned to have a grace period granted on home fees to study in the UK, many British citizens will want to study in the EU country where they are resident. Permanent residence gives you enhanced rights to access grants, loans, stipends and other sources of funding for your studies from the EU country in which you reside.

4. Lower application costs; no language competency requirement

In addition to satisfying the conditions for upgrading from temporary to permanent residence, it is also important to state that your application for a WA permanent residence card to evidence that is being made under the Withdrawal Agreement and not under national immigration rules. This is extremely important, as national immigration application processes usually imply higher costs as well as other conditions, such as competency in the language of the EU country in which you reside. Language competency is not a condition of permanent residence under the WA.

In short, 2025 is going to be a significant year not only for those upgrading to permanent residence status, but also for the national authorities and governments involved in processing applications for permanent residence. It is not possible to estimate precisely how long the process is likely to take in each of the countries comprising the EU27. However, it is recommended not to wait until the temporary residence or residence card/permit expires, but to start preparing (i.e., gathering the information required to apply for a WA permanent residence card) several months in advance and to make the application as soon as you are eligible and have fulfilled the conditions – even if that is before the temporary card/permit expires.

Click here for more information from the European Commission website.

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Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency. Neither the European Union nor the granting authority can be held responsible for them.