Britons, should you be worried about Brexit?

De Vreede Advocaten is a young and dynamic law firm specialised in immigration and international employment law for both businesses and individuals.

A recent survey from the Dutch government shows that the 45.000 Britons living in the Netherlands are worried about the impact of Brexit. Around 88 percent is concerned about their rights to continue living and working in the Netherlands. After Brexit, they (and their relatives) are no longer considered EU citizens.

We are happy to let you know that, initially, nothing will change and you and your relatives (even your non-EU partner) will continue to have the same rights as now until July 1, 2020.

Deal or no deal

Whether Brexit will affect your residential status depends on whether it is a deal or no deal scenario. 

Deal

Deal? If so, is has been agreed that Brexit should not affect your rights.

No deal

No deal? The Dutch government has decided that there will be a transition period from March 29 till July 1, 2020. During this period, all Britons and their family members will be invited to apply for a residence permit. This permit will most likely be based on EU law.

IND residence permit letter

On January 9, 2019, the Dutch government published two letters. These letters state that all people with the British nationality (and their partners) living in the Netherlands, and who are registered properly, will receive a temporary residence permit in the form of a letter. This letter will confirm your rights during the transition period.

The IND strongly advises you to wait for this letter before applying for any type of permit. There is an exception for those who have been living in the Netherlands for over 5 years and who can therefore apply for a residence permit valid for an unlimited term. Both in the deal and no deal scenario, the rights to reside, work and study in the Netherlands seem to not be affected till July 1, 2020.

The letters:

• For those not holding a residence permit for an unlimited term 
• For those holding a residence permit for an unlimited term 

Moving to the Netherlands after Brexit

British people who want to work, live or study in the Netherlands after Brexit can apply for a residence permit the same way third-country nationals already do. The Dutch government has agreed that British nationals do not have to apply for a temporary residence permit (MVV travel visa). A stay of 90 days within a period of 180 days is allowed.

However, if you would like to work in the Netherlands after Brexit, you will require a working permit. For stays over three months, a residence permit is required.

Registering before March 29, 2019

If you are planning to move to the Netherlands within the coming months, we strongly suggest registering yourself at one of the Dutch municipalities before the start of the transition period: March 29, 2019!

De Vreede Advocaten is closely following all Brexit negotiations that could be relevant for their clients. Please contact the firm if questions arise, De Vreede will be happy to help you out: devreede@devreede-law.nl