Citizens’ rights and British Withdrawal Agreement beneficiaries in the EU, EEA and EFTA : Five years on from Brexit

Benson, Michaela and Mikoshiba, Sayaka (2025) Citizens’ rights and British Withdrawal Agreement beneficiaries in the EU, EEA and EFTA : Five years on from Brexit. Lancaster University, Lancaster.

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Abstract

This report presents findings from the 2025 survey Citizens’ Rights and British Citizens in the EU, EEA and EFTA, five years on from Brexit. Drawing on 1,599 valid responses, it offers an assessment of the ongoing implementation and application of the Withdrawal Agreement (WA)—and equivalent agreements with the EEA, EFTA states and Switzerland—in respect to the status and rights of British WA beneficiaries. The report identifies that some of the initial issues with implementation have been resolved. It also reveals high rates of permanent residence among British WA beneficiaries living across the EU, EEA and EFTA, highlighting that the transition from temporary residence status to permanent status has been seamless in most member states. However, the report also highlights several persistent issues faced by WA beneficiaries. These include: • Delays and administrative errors in issuing residence documentation, particularly in countries with decentralised administrative systems • Inconsistent recognition of WA status at borders and within the Schengen area, leading to passport stamping and denial of rights to entry and exit • Barriers to accessing healthcare, pensions, and social security, especially for dependants and S1 holders • Discrimination and lack of equal treatment, including cases involving disability and national origin The survey reveals challenges that have developed as a consequence of evolving administrative and legal frameworks related to Brexit: • Barriers to accessing rights in everyday life In declaratory countries, the lack of mandatory residence documentation has often led to de facto requirements by local authorities and private intermediaries (e.g. banks, healthcare providers), creating obstacles to accessing services and rights. • Challenges for dual nationals and those with multiple statuses Respondents reported difficulties obtaining documentation that reflects their WA status alongside other legal statuses, despite EU guidance requiring member states to accommodate this. • Discrimination and lack of accessibility for disabled individuals The survey highlights a small number of cases where disabled WA beneficiaries were refused WA beneficiary status, instead encouraged to apply as dependants, or had faced inappropriate treatment during administrative procedures due to inflexible systems not designed with accessibility in mind. • Potential breaches of WA provisions The survey identified the limited provision for minors needing documentation of their WA beneficiary status, with minors in France covered by their parents’ WA status denied residence cards when needed for employment or other activities. These findings underscore the need for continued monitoring, targeted interventions, and improved administrative practices to ensure that British citizens living in the EU, EEA and EFTA can fully exercise their rights enshrined in the WA.