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Questions and Answers - no-deal Brexit

Published: 9 January 2019
Last update: 16 January 2020

Questions and answers regarding residency in the Netherlands in the event of a no-deal Brexit

Brexit with a deal expected in January 2020

On 17 October 2019, the EU and the UK reached an agreement on Brexit. This agreement can only enter into force after both the UK parliament and the European Parliament have approved it. This is expected this January. Brexit with a deal will only be definite once the agreement has finally been approved.

What if a deal is agreed?

If a deal is agreed, you do not need the temporary residence permit the IND sent out in March and October 2019 (see below). In the event of a deal there will be a transition period until 31 December 2020. During that period you will keep your rights to live, work and study in the Netherlands. The IND will then also send you a letter inviting you to arrange your residence in the Netherlands for after the transition period. You can read more about this on our main Brexit web page.

A no-deal Brexit can still not be entirely ruled out. The following Q and A's apply in the event that there is still a no deal.

Transition period after no-deal Brexit

Can I stay in the Netherlands after Brexit if there is no withdrawal agreement (no deal)?

Yes, UK nationals and their family members legally residing in the Netherlands under EU law (freedom of movement) on the date of Brexit will keep their right to reside in the Netherlands. On 7 January 2019, the Dutch government announced this in its letter to parliament (available in Dutch only). In mid January 2019 the IND sent an information letter by standard post to United Kingdom nationals and their family members who were registered in the Personal Records Database (Basisregistratie Personen or BRP).

In the event of no deal, there will be a 15-month national transition period in the Netherlands after the date of Brexit. This transition period will apply to UK nationals who are already legally entitled to reside in the Netherlands. 

During the national transition period, UK nationals will keep their rights to reside, work and study in the Netherlands. This also applies if you are the relative of a UK national and are not yourself an EU citizen. Before the Brexit date, the IND will send you a temporary residence permit in the form of a letter. Many of you have already received this important document in March or October 2019 (see below). The letter will serve as proof of your right of residence during a no-deal transition period in combination with a valid passport. You do not need to take any action yourself to obtain this letter, other than to ensure you are correctly registered in the Personal Records Database (Basisregistratie Personen or BRP) at the the town hall where you live: the letter will be sent to the address at which you are registered.

Temporary residence permit for no-deal transition period

In March 2019, the IND sent temporary residence permits to UK nationals and their family members at the address at which they are registered in the Personal Records Database (Basisregistratie Personen or BRP) in case of a no-deal Brexit. At the end of October 2019, the IND again sent out temporary residence permits to UK nationals who had not yet received one, because although Brexit was extended again to 31 January 2020, a no-deal Brexit could not be entirely ruled out.

The European Council again reached a political agreement extending the period under Article 50, to 31 January 2020. What does this mean for my temporary residence permit?

The latest Brexit extension to 31 January 2020 has no consequences for UK nationals living in the Netherlands. UK nationals and their family members keep their rights as EU citizens to live work and study in the Netherlands in any event until the date of Brexit. Therefore, you do not currently need the temporary residence permit sent to you in March or October 2019 during the Brexit extension period. 

However, after the Brexit extension period you might still need the temporary residence permit if there is a no-deal Brexit. You can use your temporary residence permit to show that you are entitled to live, work and study in the Netherlands after a no-deal Brexit in the national transition period of 15 months after the date of Brexit. You should, therefore, still keep your temporary residence permit safe.  The IND will keep you updated regarding further developments on this website.

  • The temporary residence permits sent out in October 2019 are valid up to and including 31 January 2021.
  • The temporary residence permits sent out in March 2019 will remain valid up to and including 30 June 2020. If it is certain that there will be a no-deal Brexit, the IND will again send  you a temporary residence permit valid up to and including 31 January 2021.

Will I receive a temporary residence permit in the form of a letter if I have another EU citizenship?

No, you and your relatives who also have another EU / EEA or Swiss citizenship will not receive a temporary residence permit in the form of a letter. In this case you do not need this permit because you automatically retain your right of residence in the Netherlands after Brexit, provided you meet the relevant EU legal requirements. If you disagree with not receiving the temporary residence permit you will be able to apply for review.

Do I have to do anything myself in order to receive the temporary residence permit in the form of a letter?

Many UK nationals and their family members living in the Netherlands already received a temporary residence permit in the form of a letter in March or October 2019. The temporary residence permits were sent to your registered address. If there is still a no-deal Brexit, the IND will make sure that all registered UK nationals and their family members receive a residence permit with the same duration of validity. Your children under 18 will also receive one. Then the IND will again send out new temporary residence permits.

  • To receive a temporary residence permit you must be correctly registered in the Personal Records Database (BRP) at the town hall where you live.
  • If you would also like to receive your temporary residence permit in the form of a letter digitally, take the necessary steps to receive post from the IND in your Message Box on MijnOverheid. You will need a DigiD to log in to MijnOverheid.

Invitation letter to apply for new residence permit

What happens during the national transition period?

During the transition period, the IND will send UK nationals and their family members living in the Netherlands who registered in the Personal Records Database (BRP) at their town hall before the date of Brexit an invitation letter to apply for a new residence permit in order to stay here after the transition period. You will be invited to apply for a temporary or a permanent residence permit depending on your situation. You will be entitled to obtain this residence permit and to work and study in the Netherlands if you meet the conditions of residence that apply to EU citizens.

When will I receive an invitation letter to submit an application for a new residence permit?

During the transition period, the IND will send you an invitation letter to apply for a residence permit no later than 1 April 2020. The IND will send these invitations to UK nationals (and their family members) in phases: it is not possible to send them all at the same time. The IND kindly asks you to wait for the invitation before submitting your application. In this way your application can be processed in an efficient fashion. You do not need to submit the application earlier, as you will keep your rights to reside, work and study during the transition period as explained above.

Please note that you are part of a large group of UK nationals and their relatives in the Netherlands who will all need to apply for a residence permit. The IND needs to gradually process thousands of applications by spreading them across the transition period in order to process the applications of all UK nationals in an efficient and timely fashion.

What are the conditions for obtaining a new residence permit after the transition period?

The same conditions that apply to EU citizens will apply to UK nationals already living in the Netherlands before Brexit. This means you have to prove that you were living in the Netherlands before Brexit, provide evidence of your identity (valid passport) and that you are working or studying in the Netherlands or that you have sufficient resources to provide for yourself and your family members without becoming a burden on the Netherlands' social security system.

The fee involved in the application for the new residence permit is the same as for EU nationals applying for a residence document. At the moment the fee is €58 for adults and €31 for children under 18.

In the event of no deal, does my temporary residence permit for UK nationals count towards obtaining a permanent residence permit?

Yes, this is possible. UK nationals (and their family members) who are lawfully resident in the Netherlands before Brexit, but have not yet been living in the Netherlands for five consecutive years, will receive a new, temporary residence permit. After five years' consecutive residence you can apply for a permanent residence permit. The period of lawful residency before Brexit can be counted if you satisfy the EU legal requirements. To request a permanent residence permit, civic integration requirements do not apply.

After a no-deal Brexit

I am currently living in the UK and would like to move to the Netherlands after Brexit. Which conditions apply to me?

If you are a UK national who would like to move to the Netherlands after Brexit, you will need to fulfil the same conditions to obtain residency that apply to any other non-EU citizen. You will, however, be exempt from the requirement to obtain a visa (machtiging tot voorlopig verblijf or mvv) in order to travel to and enter the Netherlands for a potential long-term stay. This means that you can first travel to the Netherlands and then submit an application for residency after arrival. 

As a British national, can I continue to be seconded to the Netherlands for my UK-based employer after Brexit?

In case of a no-deal Brexit you can complete any secondment that began before the date on which the UK leaves.  After that date, your employer can extend your secondment on the basis of the legislation governing the secondment of non-EU nationals (only in Dutch). Secondments that begin after the date of Brexit will also be governed by this legislation. Read more information about secondment and Brexit in the Brexit Q&As on Government.nl. Find out more about working in the Netherlands on our website.

As a British national, can I remain a cross border worker and work in the Netherlands after Brexit?

'Cross border workers', sometimes also called 'frontier workers' are people who live and work in different countries and commute at least once a week between the two. If there is a no-deal Brexit, you can continue working in the Netherlands, but only for the same employer you worked for prior to the date of Brexit. Your employer will not need to apply for an employment permit (in Dutch: TWV or tewerkstellingsvergunning) for you for your current job. If you want to move to work for another employer in the Netherlands, your new employer will need to apply for an employment permit for you. Read more information about remaining a cross border worker in the Brexit Q&As on Government.nl.

As a British national, can I become a cross border worker and work in the Netherlands after Brexit?

'Cross border workers', sometimes also called 'frontier workers' are people who live and work in different countries and commute at least once a week between the two. If the UK leaves the EU without an agreement (no deal), you can only become a cross border worker if your employer in the Netherlands applies for an employment permit (in Dutch: TWV or tewerkstellingsvergunning) for you. Read more information about becoming a cross border working after Brexit in the Brexit Q&As on Government.nl.

I have a family member who is not living in the Netherlands. Can this family member be considered for family reunification after a no-deal Brexit?

Yes, this is possible. Family members of UK nationals in the Netherlands may also be eligible for the residence permit if the UK national is the holder of a residence permit. This is only possible during the Dutch national transition period of 15 months after the date of Brexit. Find out more information on our Brexit web page.

I am a UK national with a right of residence in the Netherlands. Do I have to have a visa in order to travel in the EU after Brexit?

An amendment to the EU Visa Regulation providing for UK nationals to be visa free on a short trip is being negotiated with the European Parliament. It would apply to UK nationals for a maximum period of 90 out of 180 days travelling to any of the 26 countries with open borders, known as the Schengen Area. If the amendment is adopted, you will not be required to have a visa before travelling in the EU when the UK withdraws.

Our school trip to the UK is planned for after Brexit. Can we still use the List of Travellers?

According to the UK government, in case of both a deal and a no-deal Brexit, school children from third countries who are resident in EU or EFTA countries will continue to be able to travel to the UK under the List of Travellers visa scheme. They do not need to obtain their own travel document or visa until 31 December 2020. Please contact the British Embassy in The Hague for more information about travel to the United Kingdom.

It is not yet clear whether UK school children will be able to travel to EU/EFTA countries after Brexit under the List of Travellers visa scheme.


TWV

​A TWV is a work permit. The employer applies for a TWV with UWV (Netherlands Employees Insurance Agency). UWV examines among other things if there is no employee with the Dutch, EU/EEA or Swiss nationality that is qualified for the job.