Insight

Netherlands – UK citizens’ rights in case of no-deal Brexit

The Dutch government has announced how it will administer the status of UK nationals in the Netherlands in the event of a no-deal Brexit.

Key points
  • The Netherlands will apply a national transition period from March 29, 2019 until July 1, 2020, during which the status quo will remain and UK nationals and their family members may continue to work, live and study in the Netherlands.
  • UK nationals who are legally residing in the Netherlands on March 29, 2019 will receive a letter that will serve as a temporary residence permit from the Immigration and Naturalisation Service (IND). IND will be relying on the address that the UK national has registered in the municipality’s personal records database.
  • During the transition period, all UK nationals will be required to apply for a new national resident permit, which will be based on the same conditions that apply to EU citizens.
  • The IND will send letters to all affected UK nationals before April 1, 2020, inviting them to apply for a national residence permit. 
  • UK nationals who do not have legal residence in the Netherlands on March 29, 2019 will require a work authorization and a residence permit in order to obtain a legal work and residence status in the Netherlands.
Background

The UK is set to leave the European Union on March 29 and although the UK and the EU have negotiated a draft withdrawal agreement, it has not been put to a vote in the UK Parliament. The vote is scheduled for next week and if it fails to pass, it is very likely that the UK will leave the EU without a deal. In preparation for this scenario, EU member states are now releasing plans on how they will address the end of EU free movement as applied to UK citizens.

Deloitte’s View

The plan provides certainty to Dutch employers and UK nationals in the Netherlands that they will retain free movement during the transition period and be notified of their status by the IND. Employers should ensure that all UK national employees are properly registered with the municipality of their residence as the IND will be relying on this address to communicate important information to UK nationals and their family members. Employers should also ensure sufficient preparation is afforded to those UK nationals arriving after 29 March 2019 who will require a work authorization and residence permit.

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