Brexit: Are You Ready?

1 December 2020, The Netherlands – There is currently a transitional period, which means that in principle all UK nationals in The Netherlands are still regarded as EU citizens until the end of December 2020, including those who enter the country this year as new employees. However, for UK nationals to remain working and residing in The Netherlands the must follow several steps.

All UK nationals who are already here now or and before 31 December 2020 must be registered in the Personal Records Database (BRP) and apply with the Dutch immigration authorities (IND) for a residence document before 1 January 2021. Earlier this year, the IND sent a letter to the already registered UK nationals to apply for a residence document. At this moment, the authorities are so busy that the UK nationals must be proactive in their approach. It is therefore advised not to wait for any communication from the IND.

In all cases, the most important step is to get registered in the BRP before the end of the year, keeping in mind a possible 10-day quarantine period for those arriving directly from the UK or other orange coded countries before the appointment can take place.

• PIRGROUP can assist with unaccompanied or accompanied appointments where needed.

Situation later:

Two standard situations are applicable for those UK nationals who are already in The Netherlands and are registered in the BRP:

1. If they have been registered for less than 5 years, they can now apply for a Brexit temporary residence permit for 5 years.

2. If they have been registered for at least 5 years, they are eligible for a Brexit permanent residence permit.

The same applies to their (non-EU) family members:

• Married or registered partner
• Unmarried partner with whom there is an existing, long-term relationship
• (Grand)child aged under 21
• Parent who is financially dependent
• (Grand)child over 21 who is financially dependent
• Grandparent who is financially dependent
• Another family member who lives with the UK national or is financially dependent or medically dependent

We would be happy to support British citizens with the right application depending on their personal situation.

Exceptional situations:

• UK nationals who are cross-border commuters and working in The Netherlands must also apply for residence after 1 January 2021. Those who were cross-border workers but are now unemployed are also eligible for a residence permit of 6 months max. to find new employment.
• UK nationals who have been here longer than 5 years: they may now have a residence card here based on EU law called Duurzaam verblijf. This status will no longer be valid from 1 January 2021. Their residence status will be able to be exchanged for another permanent residence status if they are eligible, in which case the IND may request them to make the switch.
• UK nationals who have EU long-term resident status or who have the national permanent residence status: for them nothing will change, they do not need to make any changes and will keep their current residence status and card.
• UK nationals with a dual nationality where the other nationality is an EU nationality: they keep their status as an EU citizen through that other nationality and do not have to do anything. This also applies to their (non-EU) family members.

Hiring UK nationals after 1 January 2021

The key question is, of course, what about hiring UK national staff in 2021. In principle, it is smart to simply arrange the residence status already during the transition period before 1 January 2021, as the conditions are more favorable.

After the transition period, a work and residence permit will be required to employ UK nationals. However, a lot stricter conditions apply to this permit. However, an alternative is the residence application for highly skilled migrants, where the conditions, as you know, are more favorable.

In most situations, (timely) action will be required for UK employees. If you have or want to hire UK national employees, we would like to hear if you would like to have us screen those employees.  

What can PIRGROUP do for UK national (employees): 

• Accompanied or unaccompanied local registration appointment before the end of the Brexit transition period
• Individual Brexit assessment of each employee’s and their family member’s personal situation including a call and a step-by-step plan to the correct residence application form
• Brexit residence application: full assistance with submitting the residence application
• Brexit residence application Partner
• Brexit residence application Child
• Facilitation visa assistance for non-EU family members
• Frontier worker’s document for cross border workers

Note: Non-EU family members can still join their UK national family member and be eligible for the Brexit residence permit after 1 January 2021 under the condition that the UK national registered before the 1st of January and if the family relationship already existed before the 1st of January 2020.

Please keep in mind that the Brexit situation may also impact the importing of cars and exchange of driver’s licenses, social security and health-care arrangements for your employee – we can assist with this as well.

 

Feel free to contact us at the phone number +31 (0) 85 – 620 4900. We would be more than happy to answer your questions!