If you are a British expat or British national living in the Netherlands, the end of the
uncertainty regarding your legal residence in the Netherlands
post-Brexit is not yet in sight. The UK parliament voted down the Brexit
Agreement and a No-Deal Brexit is closer than ever.
Brexit: If there is a deal
The right of residence for UK nationals living
in the Netherlands or Dutch nationals living in the UK is no longer a
topic of debate. If an agreement is reached in time, it is likely that
the section on rights of residence will be taken from the voted down
Agreement. You can find an overview of your rights in the case of an
agreement
here.
Brexit: if there is No-Deal
The Dutch Immigration and Naturalisation Service (IND) has made known
what the rights of British citizens and their family members in the
Netherlands are in case of a No-Deal.
During the transition period
from March 29, 2019, until July 1, 2020, British citizens and their
family members legally residing, working and / or studying in the
Netherlands before March 29, 2019, will keep these rights of residence.
During
the transitional period, you will need to apply for a Dutch residence
permit. You will receive an invitation from the IND to apply for this
permit. To obtain a Dutch residence permit, you need to comply with the
requirements for residence laid down in EU Law:
- Employees or self-employed persons must continue to be employed or self-employed.
- Economically inactive residents must have sufficient resources not
to become a burden on the social assistance system of the Netherlands
and have comprehensive health insurance coverage.
- Students must be enrolled at a recognised private or public
educational institution accredited or financed by the Dutch government,
and have sufficient resources to not become a burden on the social
assistance system of the Netherlands as well as have comprehensive
health insurance coverage.
Once you have obtained a Dutch residence permit, you are not
required to comply with any integration measures and you are entitled to
work in the Netherlands without a work permit.
British students will retain their rights to statutory tuition
fees and student finance if they meet the conditions applying to EU
citizens.
After 5 years of legal residency in the Netherlands, you
can apply for a Dutch permanent residence permit. If you already have a
Dutch residence permit (temporary or permanent), nothing will change
for you.
If you have an EU permanent residence permit, the IND
will automatically change your permit to a Dutch permanent residence
permit. IND will inform you as soon as your national permanent residence
permit is ready for collection.
Do you hold another
EU-nationality besides your UK nationality? You will keep your right of
residence as an EU-citizen after Brexit if you continue to meet the
requirements laid down in EU law.
You can find a complete No-Deal
overview
here.
Coming to the Netherlands post-Brexit
According to IND, you will need to fulfill the same conditions to obtain residency as any other non-EU citizen.
However, you will be exempt from the requirement to obtain a provisional residence permit (
machtiging tot voorlopig verblijf
or mvv) in order to travel to and enter the Netherlands for a potential
long-term stay.
This means that you can first travel to the Netherlands
and submit an application for residency after arrival.
Dual Citizenship
When
it comes to Brexit, political initiatives have been tabled to allow British
nationals living in the Netherlands to keep their UK nationality when
obtaining Dutch nationality and vice versa. However, the outcome of
these initiatives is most uncertain.
Luckily, the current Dutch Nationality Act already creates the possibility to obtain dual citizenship.
In case you have any further questions relating to Brexit or dual
citizenship, you can contact the Dutch Government IND office or a legal
office specializing in Dutch immigration laws.
EU-Digest