Brexit

Published: 14 May 2018
Last update: 18 October 2018

On 29 March 2019, the United Kingdom (UK) will leave the European Union (EU). This exit (brexit) has consequences for most Britons and their family members who want to continue living in the Netherlands. On this page you can read more about these consequences and what you can do now. The content of this page is adjusted in case of developments.

Brexit and your right of residence

Do you now have a right of residence as (a family member of) a British EU citizen in the Netherlands and will your situation remain the same? You retain your right of residence up to brexit. After that, you are no longer (a family member of) an EU citizen. On 19 March 2018 the UK and the EU have concluded a draft withdrawal agreement on parts. This shows, for example, that you may continue to live and work in the Netherlands after brexit. But, this is not certain because there is no definitive agreement yet.

EU and UK in negotiations on brexit

The EU and the UK are negotiating a withdrawal agreement (deal). On 13 and 14 December, all EU leaders will have a meeting again on brexit. You can read information about the negotiation process and interim agreements on the website of the Government of the Netherlands. It is possible that there will be no agreement (no deal). Both a deal and a no deal affect your right of residence. However, brexit does not affect your right of residence if you have the Dutch nationality on 29 March 2019. Are you in possession of a valid national permit on that date? Then brexit will not affect your right of residence either as long as your permit is valid.

What you can do now

  • Register yourself with the Personal Records Database (Basisregistratie Personen, BRP) of the municipality where you live. With this the Dutch government can get in touch with you if necessary.
  • Apply for your DigiD. Using your DigiD, you can issue an online application with the IND easily. Do you already have DigiD but no sms-verification? Install this on My DigiD.

Existing residential options and consequences of brexit

It is unknown whether the negotiations will lead to a deal or no deal. Therefore, the IND can not say now what right of residence you will have after brexit. The IND can inform you about the existing residential options in the Netherlands. And the influence that Brexit has on them.

You are (related to) a British citizen. You have lived in the Netherlands for 5 years and more without a residence documentYou are (related to) a British citizen holding an EU document for permanent residenceYou are a British citizen in a marital or long-term relationship with an EU citizen in the Netherlands
You are (related to) a British citizen holding a valid national, permanent regular residence permit
You are (related to) a Britsh citizen and you have lived in the Netherlands for less than 5 years
You wish to become a Dutch citizen

You are (related to) a British citizen. You have lived in the Netherlands for 5 years and more without a residence document

Permanent residence EU (costs: € 51)

You can apply for a permanent residence document for EU citizens. In order to get this you must prove that you have continuously lived and worked (and/or had sufficient funds to support yourself) for at least more than 5 years in the Netherlands. You read all conditions on the page Permanent residence for EU-citizens.

You have to use a Passport photo form for a photo and signature, contrary to the instructions in the (online) application. You do not go to the IND-desk. Your family member with no EU/EEA or Swiss nationality, must go to the IND-desk to have fingerprints taken. This requires an online appointment.

Keep in mind that the validity of an EU permanent residence document officially will expire permanently for you on 29 March 2019. After all, on that day British citizens are no longer EU citizens. Are you in possession of this document during brexit? In case of a deal the IND exchanges your residence permit automatically and free of charge for a new type of residence permit. In case of a no deal it is still unclear what exactly you can do then. Check the updates on this website regularly.

Apply online permanent residence EU

If the online application does not succeed,  you can download the application form and send it by mail.

The reasonable decision period for this application is 90 days for EU/EEA and Swiss citizens. The statutory decision period for this application is 90 days for non-EU/EEA or Swiss family members. The costs of this application are non-refundable in case of a deal or no deal . 

National permit: permanent regular residence permit (costs: € 161)

You can also apply for a national, regular permit for permanent residence. For this application, you must have obtained the civic integration diploma or be exempted from this. Check all conditions on the page Permanent residence. The online application is only available in Dutch.

  • Deal and no deal: if you hold a national, permanent regular permit and still meet all conditions, you will retain residence after brexit.

Apply online permanent residence

If the online application does not succeed, you can download the application form and send it by mail. This form is only available in Dutch.

The statutory decision period for this application is 6 months. The costs of this application are non-refundable in case of a deal or no deal. 

You are (related to) a British citizen holding an EU document for permanent residence

A permanent residence document expires for (British or third-country family members of) Britons after brexit.

  • Deal: are you in possession of an EU-document for permanent residence on the day of brexit? Then the agreements in the withdrawal agreement apply. The IND exchanges your residence permit free of charge for a new type of residence permit. An application for this is not necessary.
  • No deal: do you have an EU-document for permanent residence on the day of brexit? It is still unclear what exactly you can do then. As soon as more is known, the information on this page will be adjusted.

You are a British citizen in a marital or long-term relationship with an EU citizen in the Netherlands

You have a right of residence as an EU citizen up to brexit as long as you meet the conditions.

  • Deal: after brexit, you retain a right of residence because of the withdrawal agreement.
  • No deal: is there no deal and do you want to continue living with your EU partner after brexit? Then you must apply for an EU residence document as a third-country national. Conditions apply to this.

Is your partner of Dutch nationality and there is no deal? Then, you will need a residence permit. EU law does not apply to Dutch persons in general, but there are exceptions.

You are (related to) a British citizen holding a valid national, permanent regular residence permit

  • Deal and no deal: you have a residence right in the Netherlands, both now and after brexit. Brexit does not affect your right of residence.

You are (related to) a Britsh citizen and you have lived in the Netherlands for less than 5 years

British citizen with British family members

You and your British family members retain EU residence right up to brexit as long as you meet the conditions. You do not need a residence document until brexit.

  • Deal: after brexit you will retain residence right because of the withdrawal agreement.
  • No deal: it is still unclear what exactly you can do then in case of a no deal. As soon as more is known, the information on this page will be adjusted.

British citizen with third-country family members

Your third-country family members should hold an EU residence document now. This document will expire after brexit.

  • Deal: it is still unclear how your family members can take care of their residence in case of a deal.
  • No deal: your family members no longer have a right of residence.

As a (British or third-country family member of a) British citizen you can apply now for a national, temporary regular residence permit. A temporary residence permit is always issued for a specific purpose of stay, such as staying with your Family, in order to Work or to Study. Every residence permit has its own conditions and costs. Click on the links in this paragraph for more information about the different types of residence permits and the costs. 

  • Deal and no deal: are you in possession of a national, temporary permit and it is still valid after brexit? You retain your residence right for the duration of the permit.

The statutory decision period for this application is mostly 90 days. At times another decision period applies to this application. The costs of this application are non-refundable in case of a deal or no deal. 

You want to become a Dutch citizen

You also can apply for the Dutch nationality. For this, there are 2 procedures: naturalisation and option. Both are submitted at the municipality. The procedure for naturalisation takes 1 year and for option 13 weeks.

  • Deal and no deal: brexit does not affect your right of residence if you have the Dutch nationality at that moment.

Obtaining Dutch nationality through naturalisation (costs: € 866)

If you have lived continuously in the Netherlands for 5 years or longer with a valid residence permit, you can apply for naturalisation. There are exceptions to the 5-year period. Do you, for example, have a long-term relationship with a Dutch partner (married, registered partnership or unmarried living together)? Then you can apply for naturalization after 3 years of living together uninterruptedly with your Dutch partner. Living together outside of the Netherlands only counts if you were married to your Dutch partner during that period.

On the page Naturalisation you will find all conditions you must meet. For example, in most cases you have to obtain the civic integration diploma. You must also renounce your British nationality. There are exceptions to this rule. For example if you are married to or have a registered partnership with a Dutch citizen. On the page about naturalisation you can also read more about the application procedure and the possibility to let minor children participate in naturalisation.

                The statutory decision period for this application is 1 year. The costs of this application are non-refundable in case of a deal or no deal. 

Obtaining Dutch nationality through option (costs:  € 184) 

The option procedure is faster, cheaper and has less conditions, but is only possible for a limited group of citizens. In most cases, you can keep your British nationality. You do not have to obtain the civic integration diploma.  You can read about the conditions and the application procedure on the page Option.

 The statutory decision period for this application is 13 weeks. The costs of this application are non-refundable in case of a deal or no deal.

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Questions?

Do you have any questions or do you doubt whether you meet the conditions of a certain residence permit? Contact the IND.