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The rights of British citizens in the Netherlands after Brexit in case of a no-deal

Note: The UK and the EU have agreed on a 6-month delay, shifting the deadline from 29 March to 31 October 2019

The Dutch Immigration and Naturalisation Service (IND) made known what the rights of British citizens and their family members in the Netherlands are in case of a no-deal. We give you an overview:

You are a British citizen or family member of a British citizen and legally reside, work and/or study in the Netherlands before 31 October 2019

There will be a transition period from the date of Brexit until 31 January 2021. During this period, you will keep your rights of residence, employment and/or study.

In the anticipation of a no-deal Brexit, IND sent out temporary residence permits (in the form of a letter) to British citizens and their family members that would be valid during the initial national transition period (29 March 2019 – 30 June 2020). If you were registered in the Personal Records Database (BRP) of your municipality before 29 March 2019, you most likely received this letter.
On 10 April 2019, the European Council agreed on the extension of Brexit until 31 October 2019. British citizens remain EU citizens until this date.

In the beginning of September 2019 the British Parliament agreed on a bill preventing the UK Government from withdrawing from the EU without an exit deal on 31 October 2019. This bill is an attempt to force UK Prime Minister Johnson to formally request the EU to extend the Brexit deadline if a withdrawal agreement has not been reached by the end of October.
After 31 October 2019 and in the event of a no-deal, IND will again send out temporary residence permits to registered UK nationals and their family members living in the Netherlands in order to ensure that all registered UK nationals and their family members can continue to live in the Netherlands during the national transitional period. The temporary residence permits will be send by post in two stages:

  • A few days before Brexit: IND will send out new temporary residence permits (in the form of a letter) to registered UK nationals who did not receive such a letter in March 2019 or who were registered in the BRP after 29 March 2019. These temporary residence permits are valid until 31 January 2021;
  • After Brexit: IND will send out new temporary residence permits (in the form of a letter) to registered UK nationals and their family members who already received such a letter. These temporary residence permits will be valid until 31 January 2021.

During the national transition period (until 31 January 2021) you must be able to present your temporary residence permit if asked to do so. If you work in the Netherlands, you will also need to give a copy of your temporary residence permit to your employer so that he can prove that you are entitled to work in the Netherlands. IND also recommends to take the temporary residence permit with you when you travel after Brexit.

During the transition period, you need to apply for a new national residence permit if you would like to continue living, working and/or studying in the Netherlands after Brexit (see Application procedure). In order to obtain this permit you must meet the conditions of residence that apply to EU-citizens.

  • Employees or self-employed must continue to be employed or self-employed.
  • Economically inactives must have sufficient resources not to become a burden on the social assistance system of the Netherlands and a comprehensive health insurance coverage.
  • Students must be enrolled with a recognized private or public educational institution accredited or financed by the Dutch government, and have sufficient resources not to become a burden on the social assistance system of the Netherlands as well as a comprehensive health insurance coverage.
    (Non-)EU family members as defined in EU law must stay with a British citizen who complies with one of the above conditions.
    Additionally, you must prove that you were legally residing in the Netherlands before Brexit and you must be able to identify yourself (hold a valid passport).
    Once you have obtained a new national residence permit you are not required to comply with any integration measures and you are entitled to work in the Netherlands without a work permit.
    British students will retain the rights to statutory tuition fees and student finance if they meet the conditions applying to EU citizens.
    After 5 years of legal residence in the Netherlands, you can apply for a permanent residence permit.

You are a British citizen or family member of a British citizen and hold an EU permanent residence permit before 31 October 2019

IND will automatically change your EU permanent residence permit into a national permanent residence permit after the transition period. You do not need to file an application or pay any fees. IND will sent you an invitation letter to inform you when your national permanent residence permit is ready for collection.

You are a British citizen or family member of a British citizen and hold a national temporary residence permit before 31 October 2019

A national temporary residence permit is for example a highly skilled migrant permit. This permit allows you to stay in the Netherlands after Brexit for the duration of its validity, as long as you meet the conditions. You may also choose to apply for a residence permit to keep your rights of residence, employment, and/or study in the Netherlands as a (family member of a) British citizen after the transition period (see above).

You are a British citizen or family member of a British citizen and hold a national permanent residence permit before 31 October 2019

You don’t need to do anything. Brexit will have no impact on your right of residence. Your residence document is valid for 5 years. You can apply for a new permanent residence document before (or even after) the expiration date.

You are a British citizen or family member of a British citizen and also hold EU/EER or Swiss nationality

There are no changes for you. You will keep your right of residence as an EU/EEA or Swiss citizen after Brexit if you continue to meet the requirements laid down in EU law. You do not need to apply for a national residence permit.

You are a British citizen and have a partner who holds EU/EEA or Swiss nationality

It is possible that you have a dependent right of residence based on EU law. You can choose if you would like to submit an application for a residence permit to keep your rights of residence, employment, and/or study in the Netherlands as a British citizen after the transition period or if you would like to file an application for residence dependent on your partner with EU/EEA or Swiss nationality.

Application procedure and fees

If you need to apply for a national residence permit, you will receive an invitation letter from IND during the transition period. In preparation, please make sure that you are correctly registered in the Personal Records Database (BRP) of your municipality, otherwise you may not receive an invitation. IND will send out the letters in stages. The longer you have been registered in the BRP, the earlier you will receive an invitation. The IND will invite family members in one household at the same time. The public handling fee for the national residence permit is the same fee that applies to EU-citizens if they file an application for a permanent residence permit (currently € 57 for adults and €30 for children under 18).

You are a British citizen or family member of a British citizen working in the Netherlands as a cross border worker on the date of Brexit

If you wish to continue working in the Netherlands as a cross border worker after a no-deal Brexit, you need to obtain a residence endorsement sticker in your passport. The sticker is free of charge and exempts you from the requirement to hold a work permit (TWV) during the national transition period. In order to obtain the sticker you need to show your passport and a valid employment contract establishing that you will continue to carry out cross border activities. In addition, your must have your main residence in the UK and you must travel back to the UK on average once a week.

 

With any questions concerning your personal situation, please contact Nikki Vreede or Mirjam den Besten.

If you have questions or require further information concerning your employees or your business, please contact Marcel Reurs or Bram van Melle.