1 March 2020

Brexit developments

Brexit developments

On January 31, 2020, the United Kingdom (UK) officially left the European Union (EU). February 1, 2020 marked the beginning of the so-called ‘transition period’. The transition period will last until December 31, 2020. During the transition period EU law will continue to be applicable, unless this is explicitly amended or excluded by the Withdrawal Agreement between the EU and the UK. Notably, this means that British nationals will continue to enjoy EU citizen’s rights under EU law until the end of the transition period. Meaning, British nationals do not require a residence permit but only require a valid passport and registration in the Personal Records Database (BRP) in order to live, work and study during the transition period.

 

The transition period provides the UK and EU with time to reach new agreements regulating their relationship as of January 1, 2021. Following the transition period freedom of movement within the EU will no longer be applicable to British nationals.

 

How will Brexit affect your residency and employment rights in the Netherlands during the transition period?

 

Scenario A:

You are a British national who already resides and/or works  in the Netherlands or will enter the Netherlands during the transition period to reside and/or work in the Netherlands.

  • You maintain your right to reside and/or work in the Netherlands during the transition period.

 

Scenario B: You are not a British national and are not an EU citizen but reside in the Netherlands as a family member[1] of a British national;

  • You maintain your right to reside and/or work in the Netherlands during the transition period.

 

Family members joining you during the transition period

If you are a British national who wishes to bring family from abroad to join you in the Netherlands during the transition period, you are able to do so. Depending on their nationality different procedures apply.

 

Please note: if you have resided in the Netherlands for a minimum of 5 consecutive years as of December 31, 2020 you may be eligible to apply for permanent residency or Dutch citizenship. The transition period counts towards the period of 5 years.

 

If you would like more information on which steps you must take during the transition period in order to maintain your the residence and employment rights after the transition period please reach out to us.

 

Residency and employment rights after the transition period

 

As of January 1, 2021, after the transition period has ended, British nationals do need a residence permit in order to legally stay in the Netherlands. In case the British national has registered correctly in the BRP prior to January 1, 2021, the IND will send the British national an invitation letter to submit an application for residence after the transition period.

 

Scenario A:

You are a British national who was registered correctly in the BRP prior to January 1, 2021.

  • You will receive an invitation letter from the IND to submit an application for residence after the transition period. You will be free to reside and work in the Netherlands for as long as the residence permit is valid, without the need for a work permit.

 

Scenario B:

On January 31, 2020 you have a permanent residence document as an EU citizen.

  • After the transition period you can continue to live, work and study in the Netherlands but no longer based on your permanent residence document as an EU citizen.

You do need to receive a new residence document after the transition period, since you will no longer be an EU citizen and your right of residence has changed. You will receive an invite from the IND after the summer of 2020 to pick up your national permanent residence document. You will be free to reside and work in the Netherlands for as long as the residence permit is valid, without the need for a work permit. There are no costs attached to receiving your new residence document.

 

When will you receive the invitation letter from the IND?

The IND has opted to send the invitation letters in a chronological order. As such, the longer you have been registered in the BRP, the sooner you will receive an invitation. If you are a household with differing registration dates, the oldest registration date will be leading and all members of the household will receive their invitations simultaneously. We advise you to keep a close eye on your mail and MijnOverheid account inbox for the IND invitation letter and act accordingly.

 

If you would like more information on which steps you must take after receiving the invitation letter from the IND, please contact us.

 

Family members joining you after the transition period

If you are a British national who has registered in the BRP prior to December 31, 2020 and you have family living abroad who you wish to have join you after the transition period, this is possible under the withdrawal agreement. They will need a residence permit in order to reside legally in the Netherlands.

 

How long will your new residence document be valid for?

If you receive a temporary residence permit this will remain valid for 5 years. If you receive a permanent residence permit it will be valid for 10 years.

 

Governmental fee

The governmental fee of applications will be €58 for adults and €31 for children under 18.

 

Traveling abroad

During the transition period British nationals can continue to travel within and outside the European Union as they did prior to Brexit. The exact conditions which will apply on travel after the transition period remain unclear and will be determined at a later stage.

 

If you have questions regarding your and/or your families residency during and after the transition period, please feel free to contact us.

 

How will Brexit affect the rights of EEA nationals who arrive in the United Kingdom during the transition period?

 

EEA nationals who are residing in the UK before the end of the transition period and who would like to remain in the United Kingdom after the transition period must apply for either pre-settled or settled status. Those who have resided in the UK for less than 5 years will need to apply for pre-settled status. Whereas those who have been in the UK for at least 5 years will apply for settled status. More information on the applications for the EU Settled Status Scheme can be found on https://www.gov.uk/settled-status-eu-citizens-families.

 

How will Brexit affect the rights of EEA nationals who arrive in the United Kingdom after the transition period?

 

As of January 1, 2021 the United Kingdom will have a new immigration system. The United Kingdom has announced that EEA nationals will need to meet the same requirements as non-EEA nationals in order to arrive in the United Kingdom as of January 1, 2021.

If you have questions regarding this news release, please let us know at info@briddge.com.

 

Please note that Briddge does not provide advice to EEA nationals who wish to relocate to the United Kingdom during or after the transition period, or to EEA nationals currently residing in the United Kingdom. If you would like assistance, we can put you in contact with one of our partners in the United Kingdom.

 

[1] This includes your spouse, registered partner, unmarried partner with whom you have been in a long-term relationship, family members in ascending/descending line.