Key Takeaways: British citizens who moved to the EU before the end of 2020 are reaching the five-year residency mark required for permanent status under the Withdrawal Agreement. Upgrading to a permanent residence card unlocks significant rights, especially regarding travel absences. While your legal right to reside isn't automatically lost if you forget, life—and border crossings—can become much more complicated without a valid document.
It has been five years since the Brexit transition period ended. For the estimated 1.2 million UK nationals living in the European Union, 2026 marks a critical administrative milestone: the time to upgrade from a temporary to a permanent residence card under the EU-UK Withdrawal Agreement.
This process is not merely a bureaucratic formality. It is the key to securing enhanced rights and avoiding future headaches, particularly with the looming implementation of the EU's new Entry/Exit System (EES).
Why Upgrading in 2026 Is Essential
The Withdrawal Agreement guaranteed the rights of Britons legally resident in an EU country before December 31, 2020. After five years of continuous legal residence, they become eligible for permanent status.
Upgrading to a Withdrawal Agreement permanent residence card confers benefits far beyond a standard national permit. Advocacy group British in Europe strongly urges eligible citizens not to delay.
“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,” says Jane Golding, co-founder of British in Europe.
The most significant advantage concerns absences from your host country:
- Temporary status: Allows absences of up to six months per year.
- Permanent status: Allows absences of up to five consecutive years without losing residency rights.
Additional benefits include guaranteed access to student grants and loans and more robust rights for those not working. The upgrade process itself is designed to be straightforward, requiring proof of five years' legal residence and that you have been a worker, self-sufficient, or a student with comprehensive health insurance.
The Risks of Delay or Inaction
A crucial question for many is: what happens if I forget or apply late? Legally, your right to reside is protected by the Withdrawal Agreement itself, not the physical card. The European Commission confirms that failing to apply before your current card expires does not automatically void your residency rights.
However, this legal safety net does not mean you should procrastinate. National authorities can impose proportionate administrative sanctions for late applications. More practically, daily life becomes fraught with obstacles without a valid permit.
- Employment: Many employers will not accept an expired card as proof of your right to work.
- Access to Services: Proving your legal status to banks, landlords, or healthcare providers becomes needlessly difficult.
- Border Crossings: This is where the biggest new challenge lies.
The EES Border System Complication
The rollout of the EU's Entry/Exit System (EES) adds a new layer of urgency. This automated IT system will register non-EU nationals each time they cross an external Schengen border.
British citizens with a valid permanent residence card issued under the Withdrawal Agreement will be exempt from EES registration. Without it, you are treated as a third-country national subject to the system.
Fiona Godfrey, another co-founder of British in Europe, warns that those without an updated card will “probably going to experience difficulties when they try and travel outside of the Schengen zone” as they must “work harder to prove that they are legally resident in the EU.”
This could mean longer queues, additional document checks, and potential denial of boarding at airports.
How and When to Apply
The application process is not uniform across the EU. Member states have established their own deadlines and procedures:
- Declaratory Countries (e.g., Germany, Italy, Spain): These nations did not initially require a new status application post-Brexit, making the 2026 upgrade particularly important for residents there.
- Varied Deadlines: Some countries, like Denmark, allow applications as soon as the five-year mark is reached. Others, like France, require the renewal request within two months of the current card's expiry date.
Applicants should contact their local immigration authority or consult official government websites for country-specific guidance. The core requirement is proving five years of continuous legal residence without exceeding the absence limits.
While the legal right to live in your EU host country is secure, the practical right to a smooth, uninterrupted life is tied to that little plastic card. Applying for your permanent status in 2026 is the best way to protect both.