Brexit: UK Living and working in the Netherlands from January 1st 2021
Stephen Bruton |
On January 31, 2020, the United Kingdom (UK) left the European Union (EU) with a deal. UK nationals could continue to live and work in the Netherlands during the transition period. This transition period ends on December 31, 2020. Therefore UK nationals living or working in the Netherlands need to take action before January 1st, 2021.
Residents
UK nationals who are living in the Netherlands need to apply for a (new) residence document. Different provisions apply depending on when you arrive(d) in the Netherlands and for how long you have been living here. The Immigration and Naturalisation Service (IND) has provided an overview of what you need to do to arrange your residency after Brexit. This overview can be found on the IND website. Brexit does not affect your right of residence and you do not need a new residence document if:
You are a UK national and already have a Dutch residence permit for permanent residence. This also includes a residence permit as an EU long-term resident in the Netherlands.
You are a UK national and also have EU, EEA or Swiss nationality. Brexit does not affect your right to live in the Netherlands because of your other nationality. This also applies to your family members without EU, EEA or Swiss nationality.
Frontier workers
UK nationals who are currently working as frontier workers in the Netherlands need to file an application for a frontier worker document before the end of the year. Information about the conditions, procedure and a link to the online application can be found on the IND website. Please note that a based on the current view of the Dutch authorities frontier worker document can only be obtained if you work in the Netherlands based on the free movement of workers (employees) or the freedom of establishment (self-employed). This means that as an employee you must employed in the Netherlands by a Dutch employer, a Dutch branch of your foreign employer, or you normally work in the Netherlands for your foreign employer. UK nationals who are working temporarily in the Netherlands as a posted worker (on secondment) in the context of the free movement of services do not qualify for the frontier worker document. If you are a self-employed person you need to have a business established in the Netherlands, i.e. a Dutch business address registered with the Chamber of Commerce. UK nationals who start to work in the Netherlands as a frontier worker from 1 January 2021 need a work and/or residence permit in the same way as other third country nationals.
Employers
If you employ UK nationals after 1 January 2021 you are required to check whether they have the required work or residency document.
