Brexit: deal or no deal

in Immigrationby Joep Bakker
Joep Bakker

Since the United Kingdom (UK) will leave the European Union (UN) on 29 March 2019 the European Union and the United Kingdom are negotiating a deal to work out the consequences of the withdrawal. This potential deal provides clarity on whether you can continue to live and work in the Netherlands after Brexit. If the EU and the UK cannot come to an understanding about the terms of the withdrawal it is possible that there will be no agreement, the so called no deal Brexit. The consequences for a deal and a no deal scenario are listed below. Brexit does not affect your right of residence if you have Dutch citizenship or if you are in possession of a valid Dutch national residence permit on March 2019.

DEAL scenario

  • Do you already have a right of residence in the Netherlands? Then you can continue to live, work and study in the Netherlands after Brexit. After 5 years’ legal residence in the Netherlands you can obtain a permanent right of residence in the same way as EU citizens. With a permanent residence permit you can simply continue your life here.
  • Initially nothing will change and you will continue to have the same rights you have now until 31 December 2020. You do not have to do anything for this. You do not need a special document for this.
  • After 31 December 2020, you will need a residence document in order to stay in the Netherlands. Between 29 March 2019 and 31 December 2020, the Dutch Immigration and Naturalisation Service (IND) will invite you to apply for a residence document.
  • You do not have to take any action yourself to receive this invitation. IND will send you the invitation, advising you of the next steps. The IND will then assess your application based on the same conditions applicable to EU citizens.

NO DEAL scenario

  • On 7 January 2019, the Dutch government announced in its letter to parliament (available in Dutch only) that British citizens who have a right of residence in the Netherlands on 29 March 2019 can also stay in the Netherlands after a no-deal Brexit.
  • In the event there is no deal, a national transition scheme will take effect from 29 March 2019 to 1 July 2020. Under this transition scheme, British citizens retain their rights to live, work and study in the Netherlands. This also applies if you are the family member of a British citizen and you do not have another EU citizenship. Before 29 March 2019 the IND will send you a letter. This letter will be your temporary residence permit. You do not have to take action yourself to receive this letter.
  • After the transition period you will need a new national residence permit. You can obtain a residence permit if you meet the same residence conditions for residence that apply to EU citizens. With this residence permit you also have the right to work and study in the Netherlands. You will receive an invitation by letter to apply for this national residence permit before 1 April 2020.

If you have not already done so, register yourself with the Personal Records Database of the municipality where you live. The Dutch government can then get in touch with you if necessary.

For more information please visit the IND website: https://ind.nl/en/pages/brexit.aspx

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