Brexit Update for UK National Residents and Cross-Border Workers

At a Glance

• As an update on Brexit no-deal contingency planning in the Netherlands, the Dutch Immigration Authority (IND) is currently issuing temporary work and residence permits in the form of letters to UK nationals registered with Dutch town hall. The permit letters will be valid during the grace period in case of a no-deal Brexit and must be retained for proof of work rights and for travel outside the Netherlands. UK nationals should register a non-temporary personal address with town hall, if not yet completed.
• Separately, the Dutch government has confirmed that qualifying UK national cross-border workers can continue to perform cross-border work in the Netherlands after Brexit day in case of a no-deal Brexit, provided that their employment contract mentions their Dutch cross-border work and that they collect a passport sticker at an IND office after Brexit day. 

The situation

The Dutch government has confirmed certain rights for UK nationals after Brexit day in case of a no-deal Brexit.

A closer look – temporary permits

• Temporary permits automatically granted. The Dutch Immigration Authority (IND) is issuing temporary work and residence permits in the form of paper letters to UK nationals registered with Dutch town hall. The permit letters will be valid during the grace period, which for the Netherlands runs until July 1, 2020 in case of a no-deal Brexit.
• UK nationals - action required. UK nationals should register a non-temporary personal address with town hall, if not yet completed. As a reminder, UK nationals registered under a temporary address such as a hotel or company address or who hold a non-resident registration may not receive temporary permits or similar relevant correspondence from the IND. UK nationals should register any address changes with town hall promptly and check with the IND if they do not receive a temporary permit in the next few weeks.
• Employers of UK nationals - action required. Employers should add a copy of the permit letter to their UK national employees’ personnel files once available.
• Grace period reminder. The IND will invite UK nationals to apply for an alternative suitable residence permit during the grace period. This includes a permanent residence permit option exempt from civic integration requirements for eligible applicants residing in the Netherlands for five years or longer, counting the transition period.

A closer look – cross-border workers

• Cross-border work can continue. The Dutch government has confirmed that eligible UK national cross-border workers can continue to perform cross-border work in the Netherlands after Brexit day in case of a no-deal Brexit. The following requirements must be met:

o  The cross-border worker must collect a passport sticker at an IND office by appointment. Passport stickers can only be collected after Brexit day (currently expected on April 12, 2019).

o  The cross-border worker’s employment agreement must mention cross-border activities in the Netherlands on or before Brexit day.

o  The cross-border worker must primarily be resident in the United Kingdom and must return to the United Kingdom once per week on average.

• UK nationals – action required. UK nationals should collect a passport sticker at an IND office after Brexit day and should share a copy with their employer.
• Employers of UK national cross-border workers - action required. Employers should check the employment agreement of affected UK national cross-border workers and should make any necessary amendments before Brexit day.

Background

The measures are part of the Dutch government’s ongoing contingency planning for UK nationals in case of a no-deal Brexit.

Looking ahead

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 [email protected].