In order to ensure that in the event
of a no-deal Brexit all UK nationals and their family members living in the
Netherlands have a temporary residence permit, the IND will start to send out temporary
residence permits on 13 March. This will guarantee the residence rights of UK
nationals and their family members living in the Netherlands after Brexit in a
timely fashion, and the IND can provide some security to UK nationals. The
preparation and sending out of the temporary residence permits will take two
weeks: for technical reasons it is not possible to send them all out at once.
The Brexit negotiations between the UK and the EU have not yet resulted in a definitive deal or no-deal. It is also possible that Brexit will be delayed.
The residence permits are being sent out with a covering letter that explains how to use it in different possible situations. In the event of a deal, the temporary residence permit is not needed. In that case, UK nationals and their family members will continue to derive their residence right directly from the right to freedom of movement and residence. If Brexit is extended, it is still possible that there will be no deal. For this reason it is important that UK nationals keep their temporary residence permit in the event of an extension. In such a case, the IND will update UK nationals again with the latest developments. During an extension up until the date of an eventual Brexit, UK nationals will in any event continue to retain the right to freedom of movement and residence.
Period of validity and use of the temporary residence permit
The temporary residence permit is only valid in the Netherlands during a national transition period from 29 March up to and including 30 June 2020. UK nationals and their family members can use the residence permit to demonstrate that they are entitled to live, work and study in the Netherlands in the event of a no-deal Brexit. The temporary residence permit can only be used in combination with a valid passport. UK nationals and their family members need the temporary residence permit when travelling to and from the Netherlands, in order to demonstrate that they have lawful residence in the Netherlands.
Who does not need a temporary residence permit?
UK nationals and their family members who have a Dutch permanent national residence permit, or who, in addition to their UK nationality, also hold the nationality of another EU/EER country or Switzerland, will not receive a temporary residence permit because they do not need it. Brexit has no influence on their residence right in the Netherlands.
Invitation to apply for a new residence permit
Throughout the transition period from 29 March 2019 up to and including 30 June 2020, the IND will send UK nationals and their family members living in the Netherlands an invitation to submit an application for a new residence permit in stages.
You can read the complete text and criteria of the Withdrawal regulation (Terugtrekkingsregeling, only available in Dutch) providing for the residence right of UK nationals and their family members living in the Netherlands in the event of a no-deal Brexit on 29 March 2019, in the Staatscourant published on 13 March and updated on 10 April. Visit our Brexit web page for more information about the arrangements for UK nationals who are cross-border workers prior to 29 March 2019.
Do you have any questions?
For more information, including the content of the temporary residence permit and covering letter, as well as Q & As, visit www.ind.nl/brexit.