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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 29 March 2019
There will be a transition period from 29 March 2019 until 1 July 2020. During this period, you will keep your rights of residence, employment and/or study.

Mid-January 2019 IND has sent you a letter with information about your right of residence in case of a no deal. In this letter IND indicated that you will receive a temporary residence permit in the form of a (second) letter before 29 March 2019. With this (second) letter and your valid passport, you can prove that you legally reside in the Netherlands until 1 July 2020. 

During the transition period, you need to apply for a new national residence permit (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 living in the Netherlands before Brexit (registration in the BRP) 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 29 March 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 inform you as soon as 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 29 March 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 29 March 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 hold another EU-nationality
There are no changes for you. You will keep your right of residence as an EU-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.

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. You should receive your invitation no later than 1 April 2020. IND recommends submitting your application only after you have received the invitation. 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. The public handling fee for the national residence permit is the same fee that applies to EU-citizens (currently € 57).

You are a British citizen or family member of a British and want to come to the Netherlands to reside, work and/or study after 29 March 2019
According to IND you will need to fulfil the conditions to obtain residency applying to any other non-EU citizen. However, you will be exempt from the requirement to obtain a provisional residence permit (machtiging tot voorlopig verblijf or mvv) in order to travel to and enter the Netherlands for a potential long-term stay. This means that you can first travel to the Netherlands and submit an application for residency after arrival.

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

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