The rights of British citizens living in the Netherlands

In principle, a no deal Brexit means that the union law will no longer be applicable to citizens from the United Kingdom. This means that UK citizens who are living in the Netherlands will lose their residency status from the moment of withdrawal.

However, national arrangements have been prepared in the Netherlands to prevent an undesirable situation. The British citizens and their family members who are legitimately residing in the Netherlands at the time of withdrawal can stay in the Netherlands during a period of fifteen months. This period is also called the transition period which ends on the 1st of July 2020. During these fifteen months, British citizens can stay in the Netherlands based upon a temporary stay permit. The Immigration and Naturalisation Service (hereinafter: IND) will send these permits within a letter to the British citizens before the Brexit date. Together with a passport this temporary stay permit will prove the legitimate stay of a British citizen in the Netherlands. Further, it is important to provide your employer with a copy of this temporary permit and keep the original with your passport.

During this transition period a new national residence permit must be obtained. This can be acquired if the same conditions that are applicable to EU citizens are met. Every application will be assessed by the IND. In short, the following criteria have to be met:

  • a minimum of 5 years uninterrupted legitimately stay in the Netherlands. Legitimate stay means that someone actually lived in the Netherlands and had a job and/or had sufficient resources to provide for him- or herself
  • a valid passport or identity card
  • BRP registration

During the transit period the IND is going to send letters with invites to file an application for a national residence permit to those who meet the criteria. These British citizens do not have to pass the civic integration exam.

Please note that also for those who already have a ‘permanent EU residence document’ it is needed to change this for a permanent residence permit.

Any questions about The rights of British citizens living in the Netherlands?
Please contact Jeroen (J.S.) Maas

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