Update Brexit – British nationals residing in the Netherlands
As you know, the United Kingdom (UK) will leave the European Union (EU) on 29 March 2019. This exit (Brexit) has consequences for most UK nationals and their family members who want to continue living in the Netherlands.
In case UK nationals currently have a right of residence as (a family member of) EU citizen in the Netherlands and their situation remains unchanged they retain their right of residence up to Brexit. After that, they are no longer (a family member of) an EU citizen. On 13 November 2018 the UK and the EU have concluded a draft withdrawal agreement. The agreement will not, however, be final until it has been approved by the British and European Parliament and status quo is that the agreement has been rejected by the British Parliament.
DEAL OR NO DEAL
What will happen if agreement is reached on withdrawal (DEAL)?
If UK nationals are currently lawfully staying in the Netherlands, they will be able to continue their stay in the event of a deal. After 5 years of legal residence in the Netherlands they can obtain a permanent right of residence in the same way as EU citizens can.
- Initially nothing will change, and UK nationals can continue to have the same rights until 31 December 2020. No action is required in this respect.
- After 31 December 2020 a residence document is needed in order to stay in the Netherlands. The IND will send out invitations between 29 March 2019 and 31 December 2020 in order to schedule an appointment for the application of a residence document. The IND will assess the application based on the same conditions as applicable to EU citizens. The costs for applying for the new residence status will be equal to the costs for applying for an EU document.
What will happen if no agreement is concluded (NO DEAL)?
In the event that the negotiations on the withdrawal agreement do not succeed, the Dutch government has decided that UK nationals who legally reside in the Netherlands on 29 March 2019 are allowed to stay in the Netherlands. A national transitional period will apply between 29 March 2019 and 1 July 2020. Within this transitional period UK nationals retain their rights within the Netherlands. This also applies to non-EU family members of UK nationals.
- Prior to 29 March 2019 the IND will send all UK nationals (and their family members) concerned a letter. During the transitional period the letter will serve as proof of legal residence. No action is required in this respect.
- After the transitional period UK nationals will require a new national residence permit. These residence permits will be issued under the same conditions as for EU nationals. The IND will send an invitation for the application of such a residence permit prior to 1 April 2020.
All communication from the IND will be sent to the address which is registered in the Personal Records Database (Basisregistratie Personen, BRP).
WHICH ACTIONS SHOULD BE TAKEN IN YOUR SPECIFIC SITUATION?
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