Brexit
January 5th, 2021
As of January 1st, 2021 Brexit is a fact and the transition period has ended. A deal was made between the UK and Europe. However, not everything has been covered by the deal yet, therefore, some things might change later on. Please find below the latest update based on the agreement between the EU and the UK. We would like to inform you on the situation of UK nationals who are already living in The Netherlands and on the situation of UK nationals who will be relocating to The Netherlands.
UK nationals who relocated to The Netherlands before December 31, 2020
UK nationals who have been registered, working and living in The Netherlands before December 31, 2020 can derive rights from the Withdrawal agreement. They are allowed to stay and work in The Netherlands after January 1, 2021 if they have a Withdrawal Agreement (WA) Brexit residence document. The Dutch government has extended the application time frame for this document. Because there is an agreement between the UK and Europe, it is now possible to apply for the WA/Brexit residence document before June 30, 2021, if the UK assignee meets the conditions for this document.
UK nationals relocating to The Netherlands after January 1, 2021
Because no further agreements have been made about UK employees in The Netherlands between the UK and Europe, as of 1 January 2021, UK nationals will require a work/residence permit to work and live in The Netherlands like any other highly skilled migrant.
If the UK national is to be relocated to The Netherlands for a period shorter than 3 months, only a work permit is needed. If the UK national is sent to The Netherlands for a period longer than 3 months, a work and a residence permit will be needed.
For each relocation we will have to assess the case individually to see which procedure will be applicable and which documents will be needed for the procedure. Please keep in mind that the procedure for arranging a work/residence permit can take up to 5 weeks after filing the application.
Exceptions
No work/residence permit is needed for UK nationals in the below situations:
- If the UK national has a WA/Brexit residence document.
- If the UK national lives abroad and incidentally comes to The Netherlands to only attend business meetings in The Netherlands, with a maximum duration of 13 weeks within a timeframe of 52 weeks.
Considerations
Please keep the following considerations in mind to avoid any issues.
Travel ban
From 1 January 2021, the EU travel ban will apply to all UK nationals, unless an exception applies in their case. Please find more information about the EU travel ban and the exceptions in our Covid 19 update.
Processing times
The processing times for the work/residence permit for UK nationals can take up to 5 weeks after date of filing. Therefore, please make arrangements for the UK nationals on time.
Driving license
British license holders living in The Netherlands need to convert their UK driving license for a Dutch one. If the conversion is submitted in 2021, an additional health declaration to the Central Office for Motor Vehicle Driver Testing (CBR) will be needed. There are two different situations for the conversion of the driving license:
- If the UK national was living in The Netherlands before January 31, 2020, they can use their driving license up and until April 29, 2021. After April 29, 2021 it is not possible for them to use their UK driving license and it should be converted into a Dutch driving license.
- If the UK national was living in The Netherlands between February 1, 2020 and June 30, 2020, their UK driving licence is valid for up to 185 days from the day they moved to The Netherlands.
For example: If the UK national moved to The Netherlands on 31 December 2020, the UK driving licence is valid in The Netherlands until 3 July 2021 (31 December 2020 + 185 days = 3 July 2021). As of 4 July 2021, the UK national will need a Dutch licence to drive in The Netherlands.
Would you like to know more or do you need assistance, please feel free to reach out to us!
Update November 12th, 2020
As the end of this year is coming closer, so is Brexit. Because there is no Brexit deal between the UK and Europe yet, we would like to inform you on the latest Brexit update, on the situation of UK nationals who are already living in The Netherlands and on the situation of UK nationals who will be relocating to The Netherlands, before and after the end of this year.
UK nationals already living in The Netherlands and UK nationals relocating to The Netherlands before December 31, 2020
At this moment, a transition period under the Withdrawal agreement is applicable for UK nationals living in The Netherlands. This means that UK nationals are allowed to stay and work in The Netherlands from February 1, 2020 until December 31, 2020. During this transition period UK nationals do not need a residence document, only their valid UK passport. Starting from January 1, 2021 the group of UK nationals who already lived in The Netherlands before January 1, 2021, will need a Brexit Withdrawal residence document. The application for the Brexit Withdrawal Agreement residence document needs to be filed before December 31, 2020.
Brexit Withdrawal Agreement residence document
UK nationals who are already living in The Netherlands and who have been registered at the municipality before August 1, 2020 have received an invitation from the IND to apply for their Brexit Withdrawal Agreement residence document.
There are two sorts of Withdrawal Agreement residence documents. The time the UK national has lived in The Netherlands determines which sort of residence document they should apply for:
- If the UK national has been living in The Netherlands for less than 5 years, they can apply for temporary residency.
- If the UK national has lived in The Netherlands for over 5 years consecutively, then they can apply for permanent residency.
All UK nationals and their family members living in The Netherlands who have not yet submitted an application for residency after Brexit, should submit their application as soon as possible, not later than December 31, 2020. Since August 2020, the IND is no longer inviting and requesting UK nationals to apply for a residence document.
For the UK nationals arriving in The Netherlands between August 1, 2020 and December 31, 2020, they and their family members can apply immediately for residency if they have not already done so. This also applies to UK nationals who came to live in The Netherlands earlier but who did not receive any invitation, or if, for some reason, they lost their invitation.
After registering at the municipality and obtaining a BSN number, the UK national can apply for his residence document online at the IND website or per written application. The IND will then process the application, approximately within 2-4 weeks.
When the IND receives the application for a residence document, the IND will send the applicant a letter (acknowledgment of receipt). This letter will inform the UK national that they need to have their biometric data taken. For the biometric data, an online appointment needs to be scheduled as soon as possible. Without the biometrics, the IND cannot prepare the residence document.
When the residence document is ready, the residence document will be delivered at the UK nationals Dutch home address by a courier.
UK nationals relocating to The Netherlands after the end of this year
Because there is no Brexit deal between the UK and Europe yet, as of 1 January 2021, UK nationals will require a work and residence permit to work and live in The Netherlands like any other highly skilled migrant.
This might change if there will be a Brexit deal between the UK and Europe.
Would you like to know more or do you need assistance, please reach out to us!
