Arranging residency in the Netherlands after Brexit

On January 31st, 2020 the United Kingdom (hereafter: UK) has left the European Union: Brexit with a deal. The agreements made are set out in the Withdrawal agreement. In this whitepaper will be explained how to arrange residency in the Netherlands after Brexit.

Arrival in the Netherlands before January 1st, 2021

A UK national (or its family member) who has lived or will live in the Netherlands before January 1st 2021 falls under the Withdrawal Agreement (hereafter: WA). Falling under the WA means that Brexit does not affect a UK national’s (or its family member’s) current situation up to and including December 31st, 2020.
UK nationals living in the Netherlands before August 1st, 2020 have received an invitation to apply for a residence document. Currently, the IND does not issue these invitations anymore. Therefore, UK nationals do not need to wait for an invitation and need to apply on their own.
The WA offers the possibility to apply for Dutch residency up to and including June 30th, 2021, however it’s highly recommendable to apply before December 31st, 2020. This will cost € 58,00 for adults and € 31,00 for children under 18.

WA residence documents

There are two sorts of WA residence documents: a temporary residence card (has been living in the Netherlands for less than 5 years) and a permanent residence card (has been living in the Netherlands for over 5 years).

Apply for a temporary residence card

In order to apply for a temporary residence card, the following conditions need to be met. The application can be submitted online or on paper (application form 6530).

A passport copy always needs to be submitted along with the application. Also, additional documents need to be submitted along with the application depending on the purpose of residency.
Documents drafted by diplomatic or consular official do not have to be legalized during or after the transition period. Please be informed that per January 1st, 2021, all other documents from the UK needs to be legalized with an apostille. An apostille is a sort of stamp or sticker placed on the document. All official foreign documents must be legalized and translated into Dutch, English, French or German. Please visit https://www.netherlandsworldwide.nl for more information regarding legalization requirements.

Apply for a permanent residence card

In order to apply for a temporary residence card, the following conditions need to be met. The application can be submitted online or on paper (application form 6540).
A passport copy always needs to be submitted along with the application. In case the UK national is not registered in the Personal Records Database (BRP), documents showing Dutch residency for 5 consecutive years need to be submitted along too. Also, additional documents need to be submitted along with the application depending on the purpose of residency.

The same conditions regarding the translation and legalization of documents apply as with the applications for a temporary residence card.

Diagram application WA residence documents

 

 

 

 

Frontier workers (cross-border commuters) after Brexit

The IND considers a UK national who lives outside the Netherlands and is employed or self-employed in the Netherlands as a frontier worker (cross-border commuter).

Apply for frontier worker’s document to continue working in the Netherlands from January 1st, 2021

A frontier worker who is currently working in the Netherlands and is covered by the provisions of the WA has the right to continue working as a frontier worker in the Netherlands from January 1st, 2021 with a frontier worker’s document. The exact conditions can be found here. Currently, the application is free of charge and is valid for 5 years. The application (online or on paper) must be submitted before December 31st, 2020.

A passport copy always needs to be submitted along with the application. In addition, other documents need to be submitted along depending on whether the frontier worker is employed or is a self-employed entrepreneur.

The same conditions regarding the translation and legalization of documents apply as with the applications for WA residence documents.

Start working as a frontier worker in the Netherlands from January 1st, 2021

In case a frontier worker starts working in the Netherlands from January 1st, 2021, the WA does not apply. In order to work as a frontier worker without the provisions of the WA, the negotiations between the UK and the EU will have to be awaited. If no agreements are reached, the Dutch employer must apply for a work permit (TWV).

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