End of 'grace period' for Britons without Brexit residence document

Last update: 7 September 2021

​British citizens in the Netherlands who have not yet applied for a Brexit residence document have until 1 October 2021 to do so.  As of that date, the government will end the so-called grace period.  Working and staying in the Netherlands without the residence document is then no longer lawful.  

Unlawful presence 

The end of the grace period means that after 1 October 2021, Britons automatically accrue unlawful presence if they have not applied for a Brexit residence document.  The consequences of which are far-reaching. Examples include loss of benefits, subsidies, permits, and work. It is also no longer possible, when staying in the Netherlands illegally, to have health insurance, receive allowances, or take out a mortgage

Late filing?

The government opts for a flexible policy for British citizens between 1 October 2021 and 1 October 2022. During this year, the IND can still assess late applications and grant a Brexit residence document. As a result, the unlawful presence becomes - with retroactive effect - lawful. In the meantime, however, the societal consequences and those as regards the residency status are of such impact that it is crucial not to end up in that situation. 

Apply for a Brexit residence document

End of flexible policy

As of 1 October 2022, the government's flexible policy ends. From that moment on, Britons without a Brexit residence document will be treated the same as other third-country nationals. The government only makes an exception for minors who apply for a Brexit residence document as soon as they turn 18. In this way, any negligence on the part of parents will not be borne by the children.

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