Implementation of section 45 of the Border Security, Asylum and Immigration Act 2025
Published 3 December 2025
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This publication is available at https://www.gov.uk/government/publications/border-security-asylum-and-immigration-act-2025-section-45/implementation-of-section-45-of-the-border-security-asylum-and-immigration-act-2025
The EUSS has provided 5.8 million EU, other European Economic Area (EEA) and Swiss citizens, and their family members, with the immigration status they need to continue living and working in the UK following our departure from the European Union.
Successful applicants to the EUSS receive ‘pre-settled status’ or ‘settled status’:
- pre-settled status is 5 years’ limited leave to enter or remain, and is usually granted where the applicant has been resident in the UK for less than 5 years
- settled status is indefinite leave to enter or remain, and is usually granted where the applicant has been resident in the UK for at least 5 years
A new law called the Border Security, Asylum and Immigration Act 2025 has now come into effect. This includes section 45 which confirms that all EU, other EEA and Swiss citizens, and their family members, with EUSS status will be treated as having rights under the Withdrawal Agreement with the EU, the Separation Agreement with the other EEA states (Iceland, Liechtenstein and Norway) or the Swiss Citizens’ Rights Agreement.
Why has this law been made?
When the EUSS was established, the UK took a more generous approach to granting status than was required by those Agreements. This means there are two groups of EU, other EEA and Swiss citizens, and their family members, with EUSS status:
- the “true cohort” – those who were living in the UK in line with free movement rules, like being employed or studying here, at the end of the post-EU exit transition period at 11pm on 31 December 2020
- the “extra cohort” – those who were living in the UK then but not in line with free movement rules
Whilst the UK’s policy has always been that these groups should be treated the same, it was only the “true cohort” who had rights under the Agreements. This new law now provides that both groups are to be treated equally in UK law.
What has changed?
Section 45 of the Act does not change the immigration status of those with EUSS status. However, it does mean that all EU, other EEA and Swiss citizens, and their family members, with EUSS status will be treated as having rights in the UK under the Agreements for as long as they hold EUSS status. This will be so whether or not they were in scope of the Agreements before.