The UK has left the EU on January 31st, 2020. Currently there is a transition period in place which will end on December 31st, 2020. The transition period will not be extended. This means that the UK nationals and their family members that are already residing and registered in the Netherlands have until the end of the year to apply for a residence document under the Withdrawal Agreement in order to be able to to continue to live, work and/or study in the Netherlands as of January 1st , 2021.
If the registration in the Netherlands takes place after the 31st December 2020, the Withdrawal Agreement is not applicable and UK nationals and their family members will require a work and/or residence permit in order to live, work and/or study in the Netherlands.
Invitation process
The IND has been sending invitation letters to apply for the residence document under the withdrawal agreement to all UK nationals registered in the BRP. The invitation letters have been sent in phases and per the date of registration in the BRP. The latest report of the IND indicates that most invitation letters have been sent. Therefore, we would advise to verify with your UK employees whether they have received the invitation letter and applied for a Dutch residence permit under the withdrawal agreement. If no invitation has been received, we advise is to check if the BRP registration at the local Municipality is correct and then contact the IND.
UK nationals with HSM permit will not receive invitations
Although registered with the Dutch BRP, UK nationals who have been/are in possession of a residence permit (as a highly skilled migrant) will not receive an invitation from the IND to apply for a residence permit under the withdrawal agreement. Although not immediately required, we still advise that these individuals submit the application for the withdrawal agreement as soon as possible as this has individual benefits (for example HSM salary threshold no longer applicable). In case you have any questions about the application process or would like us to assist or need further clarification, please let us know.
Holders of permanent residence as an EU citizen in the Netherlands (EU duurzaam verblijf) will also not receive an invitation.
In case the UK national is already in possession of a Dutch permanent EU residence permit, the IND will use the already existing data in their system and automatically exchange the permanent EU residence permit to a permanent residence document under the withdrawal agreement. No individual action is required. However, we still advise to check whether your employees indeed received an invitation letter to collect their new permanent residence permit.
Application process
As indicated previously, the Brexit residence permit applications can be submitted online (DigiD is required). Paper applications are also possible. To avoid delays in processing, it is strongly advisable to submit the applications within the 4 weeks deadline stated in the invitation letter (if received), ultimately before December 31st, 2020. The IND fees are €58 per application and €31 for children.
Biometrics and collection of residence permits
Biometric data is required to prepare the residence permit cards. As of the beginning of August the IND has opened an extra office desk at the Johan Huizingalaan 757 in Amsterdam. This desk is open exclusively to UK nationals and their family members to have their biometrics taken. For a full list of these locations and to schedule an appointment please see the following link.
UK nationals who have had a positive decision on their residence permit application no longer have to collect their residence document at an IND desk (Corona measures). Instead they will receive their residence permit at their home address. Because of security reasons, valid proof of identity must be shown to the courier.
