We are pleased to inform you regarding the current consequences for the UK nationals who (would like to) reside and/or work in the Netherlands on the 31st of January 2020 from an immigration (law) perspective, in case Brexit actually occurs. Please find below an illustrative overview.
1 Start residence/employment in the Netherlands before 31 January 2020
UK nationals who reside and/or work in the Netherlands on 31 January 2020 are covered by the so-called transition period. The transition period starts at the date of Brexit – in principle 31 January 2020 – and is applicable with (Deal) or without (No Deal) the agreed withdrawal agreement. In case of a Deal, the transition period will last until 31st of December 2020. Should a No Deal occur, a transition period will be applicable, which will in principle last until 31 January 2021.
1.1 Conditions temporary residence in the Netherlands during the transition period
In case of a Deal, a UK national does not need a residency document, only a valid passport. As a consequence of a No Deal, a UK national working in the Netherlands during the aforementioned period will in principle need a temporary residency permit in the form of a letter. This letter (free of charge) will be send to all UK national and their family members living in the Netherlands who are registered in the Personal Records Database (In Dutch: Basisregistratie Personen/BRP). A copy of this letter needs to be held with your Dutch employer together with a copy of a valid passport.
During the transition period in case of both a Deal and No Deal, the IND (Dutch immigration authority) will send UK nationals who are registered in the BRP, an invitation to file an online application for a (new) definite residence document/ permit. This document/permit enables the UK national to continue to live, work and study in the Netherlands after the transition period.
Please note that for UK commuters specific conditions are applicable during the transition period:
1.2 Conditions definite residence in the Netherlands after the transition period
In case of a Deal, the rules in the (provisional) withdrawal agreement apply to the Dutch residency status of the UK national. Should a No Deal occur, the rules of the Dutch withdrawal regulation apply:
With respect to UK commuters, it is currently unclear what happens after the transition period (> 31 January 2021) and how it will work out in the Netherlands.
2 Start residence/employment in the Netherlands after the transition period
In case a UK national will relocate with the intention to definite reside in the Netherlands after the transition period, the same national conditions apply for obtaining a valid residence permit and employment permit (In Dutch: Tewerkstellingsvergunning/TWV) as for any other non-EU/EER/Swiss national in case of a No Deal. However, this person is exempted from obtaining the so-called Machtiging tot Voorlopig Verblijf (MVV). The application for a residence permit may therefore be filed after arrival in the Netherlands. Should a Deal occur, it will depend on the agreement to be made between the EU and the UK.
3 Exemption visa short stay in NL
The European Council has ordinated under European Visa Regulation that UK nationals (both in case of a Deal and No Deal) are exempted from having a legally valid short stay visa within the Schengen area (26 countries) after Brexit (Deal or No Deal), in case the residence does not exceed 90 days within a period of 180 days. Furthermore, no employment permit needs to be obtained.
Note: a legally valid residence in the Netherlands does not automatically provide for a legally valid residence in another EU/ EER member state or Switzerland.