Important Updates
Important Updates
December 8, 2025 | MalawiMalawi: New Reciprocity-Based Visa System Implemented
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 8, 2025 | GeorgiaGeorgia: New Information Technology Sector Permit
December 8, 2025 | IndiaIndia: New E-Production Investment E-Visa Introduced
December 8, 2025 | MalawiMalawi: New Reciprocity-Based Visa System Implemented
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 8, 2025 | GeorgiaGeorgia: New Information Technology Sector Permit
December 8, 2025 | IndiaIndia: New E-Production Investment E-Visa Introduced
December 8, 2025 | MalawiMalawi: New Reciprocity-Based Visa System Implemented
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

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

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.