It’s been five years since the end of the post-Brexit transition period and for many British citizens living in the EU this means 2026 will be the time to upgrade to a permanent residence cards. But what happens if forget or leave it late?
Beneficiaries of the EU-UK Withdrawal Agreement, which determined the legal status of Britons living in the EU before 31 December 2020, could acquire the right to reside permanently in the host EU country after five continuous years of legal residence.
Those with fewer than five years could apply or register for temporary residence cards and accumulate the required five years over time. Now, many of them will have reached the five years necessary to apply for permanent residence.
Jane Golding, co-founder of the British in Europe coalition, recently wrote in a post: “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.”
This is especially relevant in countries such as Germany, Italy and Spain, which at the time did not require British nationals to apply for a new post-Brexit status (the so-called ‘declaratory countries’).
At the latest meeting of the Specialised Committee on Citizens’ Rights, on December 18th 2025 in London, both UK and EU representatives raised the importance of “ensuring a successful transition to permanent residence for eligible UK nationals and EU citizens over the course of 2026″.
Why Britons should upgrade their residence permits
Permanent residence under the Withdrawal Agreement gives additional rights compared to ordinary residence, and also compared to residence cards issued under national law. A key benefit is about absences. Britons with temporary residence status can only leave the host country for up to six months per year without losing their rights (with some exceptions).
Permanent residence granted under the Withdrawal Agreement, instead, allows absences of up to five years (compared to two years under EU free movement rules). Permanent residence under the withdrawal agreement also ensures access to student grants and loans, as well as residence rights for economically inactive beneficiaries.
Another reason to upgrade is that it should be an easy process.
As British in Europe point out, applicants just need to prove three things; they have been legally resident in an EU country for five years, they’ve been a worker (employed or self-employed), or self-sufficient and that t hey’ve not been absent from their EU country of residence for more than six months in any one year.
Students also need to prove they have had comprehensive health insurance during the five-year period.
And then once you have permanent residence, renewing that after 10 years is even easier given applicants don’t need to prove any of the above criteria.
How withdrawal agreement cards differ from other residence cards
To benefit from the enhanced rights granted by the withdrawal agreement, British in Europe urge UK nationals to apply for a ‘Withdrawal Agreement permanent residence card’, which is different from national ones.
“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,” the group says. There are no requirements such as language tests under the withdrawal agreement.
What happens if someone forgets to renew or upgrade the card
If you forgot to upgrade or apply after the expiry date on your card, you won’t lose you right to residency in your EU country.
In a note on the implementation of the Withdrawal Agreement, the European Commission is clear in saying that “the legal source of the new residence status and all connected rights is the Withdrawal Agreement itself, not a residence document.” Therefore, people will not lose the right to reside in the host country just because they do not apply for a residence document before they expiry of their previous one.
Applicants “do not lose the right to reside in the host State just because they fail to apply for a residence document evidencing their right of permanent residence before expiry of their previous residence document,” the EU not says.
However that doesn’t mean you shouldn’t apply in time, because as the EU points out, life could get complicated in your country of residence if you don’t have a valid permit.
The EU points out the host state can require beneficiaries of the Withdrawal Agreement to “hold a valid residence document and impose administrative sanctions on those failing to observe their obligation under domestic legislation to apply for, or renew, a residence document in time”.
It says these sanctions “must be proportionate, non–discriminatory, effective and cannot include any limitations of the right to reside itself.”
In addition, while rights might not be affected in theory, beneficiaries of the Withdrawal Agreement will have to provide alternative evidence of their legal status to access them, so life could get complicated with an out-of-date card.
One area where things could get complicated if people don’t upgrade their residency card on time is jobs with the EU pointing out that many employers might not accept an out of date permit as proof of residency.
Then there’s EES
In an interview with The Local, British in Europe co-founder Fiona Godfrey warned about compliance with the new EU border system – the EU Entry/Exit System (EES). People without an updated residence card are “probably going to experience difficulties when they try and travel outside of the Schengen zone” as they will have to “work harder to prove that they are legally resident in the EU and exempt from the EES provisions,” she argued.
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How to renew the residence card
The process to renew the residence card is different in each country.
EU countries are putting in place different systems for applicants to upgrade their post-Brexit status to permanent residency with some like Denmark allowing applicants to apply as soon as they have lived in the country for five years, and others like France say the request for a renewal must be made within two months of the expiry date on the card.
More information about France, Austria, Denmark and Spain is available on the respective The Local websites. The application for a permanent residence document can be made from the moment the right of permanent residence is acquired and usually requires proof of meeting the necessary conditions, notably the five years of continuous residence and absence limits.
