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Conditions for permanent residence after Brexit under the Withdrawal Agreement

​Find out what the conditions are for permanent residency under the (Brexit) Withdrawal Agreement. 

General conditions

The 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 or an unmarried partner in an existing, long-term relationship. You are also a family member if your relationship with a UK national has officially ended at the current time.
  • You come under the Brexit Withdrawal Agreement:
    •  you were already living in the Netherlands with permission before 1 January 2021; or
    •  you already have a temporary residence document under the Withdrawal Agreement; or
    •  you came to the Netherlands after 1 January 2021 for family reunification with a UK national who has a permanent residence document under the Brexit Withdrawal Agreement.
  • At the time of your application, you have been living continuously in the Netherlands for 5 years or more based on EU law or the Brexit Withdrawal Agreement.
  • You hold a valid passport.
  • - You have been employed or self-employed for at least 5 years. The IND will check whether you have carried out genuine and effective work. 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 a self-employed person, you have 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. Public order is peace and order on the street and in public spaces.
  • Your application is on time.

Apply on time

Whether your application is on time depends on your situation.

You do not yet have a residence document Brexit

Submit your application before 1 October 2021. What if you submit your application after this? Then you are too late. However, you can still apply. You do not need to explain why you are too late. This is because the Dutch government is applying flexible rules up to and including 30 September 2022. After this, the flexible policy no longer applies. Then the main rule applies: you can no longer submit an application under the WA if you are too late.

NB If you submit an application on or after 1 October 2021, you are no longer living legally in the Netherlands. Being illegal can have serious consequences for you.

You have a temporary residence document Brexit

Do you have a temporary residence document Withdrawal Agreement and do you meet the conditions for permanent residence? You can apply for a permanent residence document Withdrawal Agreement. Then no maximum period applies to submit an application.

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. Family members who have been living in the Netherlands for less than 5 years, but who meet the other conditions, may be eligible for a temporary residence document.

When you can still apply for permanent residence if you have lived in the Netherlands for less than 5 years

Do you belong to one of the 4 categories below? Then you do not need to wait for 5 years. You can apply for a residence document for permanent residence earlier. Additional conditions apply to each category.

1. You are retired or you have taken early retirement

These additional conditions apply to you:

  • You have been living in the Netherlands for a continuous period of 3 years; and
  • You have worked in the Netherlands for the last 12 months . You stopped working because you retired on state pension. Or, you took early retirement under the Dutch provision for early retirement (VUT).

2. You are permanently unfit to work

These additional conditions apply to you:

  • You worked in the Netherlands for at least 2 years before you were declared unfit for work; and
  • You stopped working because you became permanently unfit for work.

3. You are permanently unfit to work as a result of a work-related accident or work-related illness

This additional condition applies to you:

  • You stopped working because you were declared permanently unfit for work as a result of a work-related accident or work-related illness. For this reason, you are receiving disability benefits (WAO or WIA benefit).

4. You are living in the Netherlands but you are working in another EU country now

You are working in a EU or EEA country or Switzerland. These additional conditions apply to you:

  • Before you started working in the other country, you worked in the Netherlands for a continuous period of 3 years or more.
  • You still live in the Netherlands and you return to your home in the Netherlands at least once a week.