Update on Brexit and residence / work permit
On January 31st, 2020 the United Kingdom will leave the European Union. In our previous article we already explained various scenarios regarding the work and residence rights of the UK-citizens in the Netherlands. Below you will find updated information on the biggest changes in residence and work permits after Brexit.
Brexit with a deal
If a deal is reached no later than January 31, 2020, a transition period will follow. This transition will last until December 31, 2020. During this transition period the UK and the EU citizens will keep the same rights. This means that until December 31, 2020 there will be free movement of people and goods. As a consequence the UK citizens will have the right to live, work and study in the Netherlands till December 31, 2020 without any permits.
UK citizens who live in the Netherlands and are registered at the Dutch municipality will have received a temporary residence permit in March 2019 or in October 2019. UK nationals will not need this residence permit in case of a deal Brexit until January 31, 2020. It will depend on the deal conditions whether or not a work and/or residence permit will be required after January 31, 2020.
Brexit with no deal
Registered UK citizens
In the event of a no-deal there will be a national transition period in the Netherlands of 15-months after the date of Brexit. This means that UK nationals and their family who are legally residing in the Netherlands will keep their rights. The temporary residence permit (letter) which has been sent by the Dutch Immigration Service in March 2019 and in October 2019 will be valid. This letter will serve as a proof of the right of residence during a no-deal transition in combination with a valid passport. For this reason the IND letter should be kept safe.
During the transition period, the UK citizens with a temporary residence permit will be invited to apply for a new residence permit to be able to stay in the Netherlands after the transitional period. The conditions for this residence permit will be the same as for EU nationals. In this respect the UK nationals have to proof they lived in the Netherlands before Brexit and that they have work or are studying or have enough financial resources to live in the Netherlands without applying for any social security benefits.
Non-registered UK citizens
Non-registered UK citizens will need no visa to be able to visit the Netherlands. The UK citizens will be able to stay in the Netherlands for a maximum period of 90 days out of 180 days. Employees who will move to the Netherlands after Brexit without a deal will need a work/residence permit to be able to work in the Netherlands.
After the transition period the cross border workers (or frontier workers) who were working for the same employer before Brexit, will still be able to work for this employer but they will need to apply for a residence endorsement sticker at the Dutch Immigration Service.
In this respect the employee must prove that they were working in the Netherlands before the Brexit for the current employer (by providing a copy of employment contract or payslips) and that they live in UK or any other EU country. The sticker will be valid for 1 year.
This means that after one year you will need go to the IND and renew your residence endorsement sticker. The requirements will remain the same each year. In case of no deal we advise cross-border employees to make an appointment with the Dutch Immigration Services as soon as possible. If the employee moves to another employer, the new employer will need to apply for a work/residence permit in accordance with the applicable procedures.
In case you have any questions about how Brexit will influence your residence or work permit, please feel free to contact us.