Important Updates
Important Updates
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
November 19, 2025 | Canada, Republic of the PhilippinesCanada/Philippines: Reminder: Overseas Employment Certificate Requirements for Filipinos Working in Canada
November 19, 2025 | United KingdomConstruction Management: Illegal Working in Construction: Expanding Right to Work Checks
November 19, 2025 | Costa RicaCosta Rica: Expedited Immigration Process for Accredited Companies Launched
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 19, 2025 | United StatesUnited States: USCIS Takes Preliminary Step Toward Implementation of Gold Card Permanent Residence Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Preliminary Questions on Brexit Impact on Citizens

February 13, 2018

insight-news-default

Country / Territory

  • NetherlandsNetherlands

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

A Dutch court will ask the Court of Justice of the European Union (CJEU) for guidance on the impact of Brexit on the rights of UK nationals living in the Netherlands. The CJEU’s response may affect the entire EU. The preliminary questions asked by the Dutch court are:

  • Does the withdrawal of the UK from the EU lead to loss of EU citizenship for UK nationals and to the rights associated with that citizenship?
  • If UK nationals in the Netherlands will retain their EU rights, will there be any conditions or limitations applicable to the maintenance of those rights?

The situation

An Amsterdam court (‘the court’) will ask the Court of Justice of the European Union (CJEU) for guidance on the rights of UK nationals living in the Netherlands.

The guidance from the CJEU would be binding if similar questions arose in other EU countries.

Background

UK nationals living in the Netherlands and UK nationals’ interest groups brought a case against the Dutch state and the municipality of Amsterdam, seeking protection of their right to stay in the Netherlands after Brexit and retain benefits currently enjoyed as EU nationals.

The court ruled as follows on February 7, 2018.

  • Current negative effect of Brexit. The court stated that the threat of deportation has a real, actual and current negative effect on the rights of the applicants.
    • Nationality. Applicants must already decide whether to pursue the Dutch nationality. Dual nationality is not permitted in the Netherlands and obtaining Dutch nationality may require surrendering UK nationality, which would hamper the possibility of maintaining ties with the United Kingdom.
    • Non-EU family. Non-EU national family members must urgently investigate other options for stay.
    • Professional impact. Restrictions on travel throughout the European Union could have serious professional consequences.
  • Political question. The Dutch state and the municipality of Amsterdam argued that this is a political issue and should be left to ongoing political negotiations.
    • Finding. The court found that the impact of Brexit on the applicants was sufficient to warrant judicial protection despite the ongoing political negotiations.

 

Preliminary questions

The court will ask the CJEU to clarify the following questions:

  • Impact on rights. The court asks if UK nationals living in the Netherlands will automatically lose the rights associated with EU citizenship when the UK withdraws from the EU.
    • Acquired rights. Under a general principle of EU law, acquired rights cannot be revoked by a later decision. How long the rights have been in place and how likely these are to be respected must be considered.
    • Proportionality. Per CJEU case law, EU citizenship is an independent source of rights that the government cannot restrict unilaterally. Authorities must check whether restrictions are not disproportional to individual interests.
    • The court wants the CJEU to clarify how Brexit impacts these principles.
  • Conditions or restrictions on rights. If the CJEU finds that UK nationals living in the Netherlands retain their EU citizenship rights, the court seeks to confirm whether any conditions or restrictions can be imposed on those rights after Brexit. 

 

Looking ahead

  • Submitting the questions. The UK nationals, the interest groups, the Dutch state and the municipality of Amsterdam may comment on the draft questions until February 14, 2018. The court may amend the questions and will then formally refer these to the CJEU.
  • Current case. The main proceedings in this case will be on hold until the CJEU answers the preliminary questions. It is likely to take several months before the CJEU delivers a ruling.
  • EU impact. The guidance delivered by the CJEU will likely affect the position of UK nationals throughout the European Union and may also impact EU nationals residing in the United Kingdom. This will depend on the CJEU jurisdiction after Brexit, which is part of ongoing Brexit negotiations.

 

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].

Country / Territory

  • NetherlandsNetherlands

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.