What does Brexit mean for your (future) employees?
The transition period as stipulated in the Withdrawal Agreement between the EU and the UK will soon end. What does this mean for your (future) employees? We are happy to inform you from an immigration, social security and tax point of view.
Most UK nationals and their family members who want to continue living in the Netherlands or for those moving to the Netherlands within the transition period (until 1 January 2021) fall within the scope of the Withdrawal Agreement.
After the transition period they will require a residence document in order to continue to stay in the Netherlands. They will, however, continue to have an advantageous position in the Netherlands and therefore a work permit will not be required in order to be allowed to work.
Our advice is to apply for such a permit before 1 January 2021. It is no longer required to await the invitation letter of the IND in this respect. These letters are therefore not being sent by the IND anymore.
UK nationals with a permanent EU residence document (EU duurzaam verblijf) will be invited to exchange it for a replacement residence document. They do not need to submit an application online.
UK nationals who have a permanent Dutch national residence permit or another EU nationality in addition to their UK nationality, do not need a (new) residence document.
UK nationals moving to the Netherlands after the transition period and not coming for the purpose of family reunification under the Withdrawal Agreement do not fall within the scope of the Withdrawal Agreement and will therefore in principle need to apply for a regular Dutch permit (residence and/ or work).
All communication from the IND will be sent to the address which is registered in the Personal Records Database (Basisregistratie Personen, BRP). It is therefore of the utmost importance that this registration has been completed in time and personal details have been registered correctly.
For cross-border commuters (those living in the UK and working in the Netherlands) things will change too. Starting 1 January 2021 they will also require the correct permit. Cross-border commuters who started their employment in the Netherlands prior to 1 January 2021 fall under the scope of the Withdrawal Agreement. Our advice is to submit the application for their permit as soon as possible and no later than 1 January 2021.
For those who start working in the Netherlands after 1 January 2021 a regular permit will in principle need to be applied for.
Please be informed that we are happy to assist with local registrations and/ or submission of applications. Should you desire more information in this respect, please do not hesitate to reach out to us ([email protected]).
Should you have queries in respect to the consequences for your employees in the UK we are happy to bring you into contact with our partner there.