2021 Plans for UK Nationals Published

At a Glance

The Dutch immigration authority has published plans for the treatment of UK nationals residing in the Netherlands prior to Brexit and during the Brexit transition period, which runs through December 31, 2020. Central details of the plan include:

The Dutch immigration authority will invite UK nationals and their family members registered in the Netherlands to apply for a residence permit at a modest fee through 2021.
A six-month national grace period runs until July 1, 2021, during which time UK nationals already registered in the Netherlands would still be able to apply for a national residence permit.
The type of permit issued will depend on length of residence in the Netherlands (at least five years, or less than five years).

The situation

The Dutch immigration authority (IND) has published plans for the treatment of UK nationals residing in the Netherlands prior to Brexit and during the Brexit transition period, which runs through December 31, 2020.

A closer look

The published plans include the following details:

Category	Details
Residence permit application process	The IND will invite UK nationals and their family members to apply for a residence permit, starting with those registered in the Netherlands the longest. Upon receipt of the invitation, foreign nationals can apply online.
Grace period	There would be a six-month national grace period until July 1, 2021 during which time UK nationals registered in the Netherlands before January 1, 2021 would still be able to apply for a national residence permit.
Residents for over five years	UK nationals residing in the Netherlands for five years or longer as of December 31, 2020 would be able to apply for a permanent residence permit under the same requirements as for qualifying EU nationals.
Residence for under five years	UK nationals residing in the Netherlands for a period shorter than five years as of December 31, 2020 would be able to apply for a special national permit, under eligibility criteria similar to those applied to EU nationals seeking local registration. The permit would be valid for up to five years, after which eligible permit holders could apply for permanent residence.
Non-EU family members	Non-EU family members of UK nationals holding a corresponding residence permit would similarly be able to apply for a national residence permit until July 1, 2021. Family reunification of non-EU family members remains possible during and after the transition period for relationships existing before January 1, 2021 and for newborn or newly-adopted children.
Cross-border workers	Cross-border workers registered as non-residents and performing eligible activities in the Netherlands before January 1, 2021 can in some cases continue to perform their activities after January 1, 2021. New cross-border workers will be subject to current negotiations on the future relationship between the United Kingdom and European Union.

Impact

UK nationals who will continue to work and reside in the Netherlands past December 31, 2020 should ensure that they take the necessary steps to obtain any documents required to register or apply for immigration status.

Background

The IND aims to send 4,000 invitations each month to the approximately 45,000 affected nationals. Households with various registration dates will be invited jointly based on the oldest registration date.

Under the EU-wide transition period, UK nationals and their family members arriving in the Netherlands until December 31, 2020 can continue to register as EU nationals.

Many other EU countries are developing immigration proposals for UK nationals and their families to take effect after the Brexit transition period, with more expected soon.

Looking ahead

The IND will regularly publish updates on a dedicated website, including a tracker of invitations per registration year. Affected individuals are urged to ensure correct registration in the population database of their municipality, to ensure receipt of the invitation letter. Fragomen will provide updates on the situation as they become available.

Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project.

For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to beneluxinfo@fragomen.com.

We have dedicated extensive resources to monitoring immigration regulatory developments and policy changes as they evolve worldwide.