Brexit: conditions for definite residence in the Netherlands after the transition period

​A deal has been reached: the provisions in the Withdrawal Agreement between the UK and the EU apply. The IND will invite you during the transition period by letter to submit an application. You will receive a letter if you are registered in the Personal Records Database (BRP) at your town hall (gemeente). 

Conditions if you have been living in the Netherlands for less than 5 years

If you have been living in the Netherlands for less than 5 years, you can apply for a residence document. This application costs € 58 for adults and € 31 for children. The following general conditions apply:

• You have been living with a right of residence in the Netherlands during the transition period; and
  
• You have been living in the Netherlands for less than 5 years at the time of your application under EU law; and
• You have a valid passport; and

• You are carrying out real and actual work as an employee or self-employed person; or
  If you are not an employee or self-employed person: you have standard health insurance and sufficient resources to be able to support yourself (and your family members); and

• You are not a threat to the public order;
• You have received an invitation from the IND to submit your application.

Conditions if you have been living in the Netherlands for more than 5 years

If you have been living continuously in the Netherlands for more than 5 years, you can apply for a residence document for permanent residence. This application costs € 58 for adults and € 31 for children. The following general conditions apply:

• You have living in the Netherlands with a right of residence during the transition period; and
  

• At the time of your application, you have been living continuously in the Netherlands for 5 years or more under EU law. The time that you can live here under the Withdrawal Agreement counts towards the period of 5 years; and
• You have a valid passport; and

• You have been employed or self-employed for at least 5 years. The IND will check whether you have carried out real and actual work; or
  If you are not an employee or self-employed person: you have standard health insurance and you have had up to at least 5 years sufficient resources to be able to support yourself (and your family members); and

• You are not a threat to the public order.

You have a permanent residence document as an EU citizen

If you are in possession of a Dutch EU residence document then a different approach applies. You are then already known to the IND because the IND has already checked whether you meet the conditions for permanent residence. The IND will, of its own accord, examine whether or not you will receive a new residence document after Brexit. This is done in the following way:

• The IND will check your situation based on the following questions:
• Are you a threat to the public order?
• Do you have a right of residence because you hold another EU nationality?
• Have you lived outside the Netherlands for more than 2 years?
• Are your personal details correct? Then, you will receive a letter from the IND. It states what you need to do to have your current residence document swapped free of charge for a new residence document (deal) or residence permit (no deal) at an IND desk.
• Are your personal details incorrect? You will receive a letter from the IND stating that you do not currently meet the conditions. You will have the opportunity to respond and prove that you do.

Family reunification after Brexit

Are you a UK citizen in the Netherlands and would your family members like to come and live with you in the Netherlands? Family reunification is possible under the Withdrawal Agreement if you came to live in the Netherlands before 1 January 2021.

Your family members travel under the applicable rules to the Netherlands during or after the transition period. It is possible that they first need to apply for a facilitation visa. You can apply for a residence document for your family members after they enter the Netherlands.

Family members who may come to the Netherlands for family reunification 

• Married or registered partner.
• Unmarried partner with whom you have an existing lasting relationship. This applies if you have been living together for 6 consecutive months. Or if you have a child together with your partner.
• (Grand)child aged under 21.
• Parent who is financially dependent on you.
• (Grand)child over 21 who is financially dependent on you.
• Grandparent who is financially dependent on you.
• Another family member who lives with you or is financially dependent or medically dependent on you.

Conditions for family reunification during transition period

• Your family member has a valid passport.

• Your family member is not a threat to the public order.

Conditions for family reunification after the transition period

• You have a residence document under the Withdrawal Agreement.
• Your family member has a valid passport.
• The relationship with your family member existed before 1 January 2021.
• Your family member is not a threat to the public order.