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Conditions for temporary residency after Brexit under the Withdrawal Agreement

‚ÄčThese are the conditions for a temporary residence document under the Withdrawal Agreement (Brexit). They apply to UK nationals and their family members living in the Netherlands under the Withdrawal Agreement. 

General conditions

‚ÄčThe following general conditions apply:

  • You are a UK national. Or you are the family member of a UK national and have another nationality. The following persons are considered family members:
    • Spouse or registered partner.
    • Unmarried partner in an existing, long-term relationship: you have lived together with your UK family member for at least 6 consecutive months or you have a child together.
    • Family member in the ascending line: parent (in-law), grandparent. This family member is financially dependent on you. Financially dependent means your family member regularly receives money from you (for example, monthly). Only with this income your parent can cover the basic needs ( for example, rent, food and drink). 
    • Family member in the descending line: child, grandchild. (Grand)children over 21 are financially dependent on you.
  • You were already living in the Netherlands with permission before 1 January 2021; and
  • When you submit your application, you have been living in the Netherlands for less than 5 years under EU law. The time that you live here during the transition period under the Withdrawal Agreement also counts; and
  • You have a valid passport, and;
  • - You carry out genuine and effective work as an employee or are self-employed. This applies if  you work at least 40% of the usual full working hours. Or, the income from work is at least 50% of the appropriate social welfare benefits standard.
    Or;
    - If you are not an employee or self-employed, you have a health insurance and sufficient resources to support yourself (and your family members); and
  • You do not pose a threat to the public order. Public order is peace and order on the street and in public spaces.

Sufficient resources

You have sufficient resources if you have enough money of your own to live from. You do not therefore need financial assistance from the Dutch government. The IND will check your personal situation to see if you have sufficient resources.

Resources are sufficient if they are equivalent to the net amount for social assistance (with holiday allowance) for people from the age of 21. The amount depends on your personal situation (age, whether you are single or have a partner, etc).

Your own money can come from various sources:
  • Benefits on which you have paid tax and social contributions, e.g. state pension, unemployment, sickness and unemployment benefits
  • Money from your own property, e.g. dividends (shares or bonds), (interest on) savings, profit from investments
  • Additional sources on which you have paid tax, for example inheritance or spousal maintenance.

N.B. 1. Have you been lawfully resident in the Netherlands for over 5 years? You may be eligible for permanent residence under the Withdrawal Agreement.

N.B. 2. Do you have family members living abroad who would like to come to the Netherlands for family reunification? Under certain conditions, family reunification is possible under the Withdrawal Agreement. If your family members meet the conditions, they can also travel to the Netherlands after 1 January 2021. Find out more about family reunification after Brexit under the Withdrawal Agreement.