Permit required after Brexit?

The Brexit negotiations are currently in full swing and a hard, no-deal Brexit is expected. This would mean that the United Kingdom (UK) would no longer be a part of the European Union (EU), but instead would be treated as a non-EU country. This would have many consequences, both fiscal and legal, for companies working with British businesses and/or employees. For example, there would be important changes in the area of residence and work permits for UK nationals, once the UK is no longer a member of the EU per 1 January 2021.

Does your company have employees from the UK? Our experts will explain the consequences for residence and work permits in a number of different scenarios, both during the transitional period up to 1 January 2021, and after Brexit.

Residence permit

Residents of EU Member States do not require a residence permit in order to live in another Member State legally. During the transitional period (until 1 January 2021) this remains applicable to UK nationals who are registered in the Dutch Key Register of Persons (Basisregistratie Personen or BRP). These nationals with a BRP registration will be (or have already been) contacted by the Dutch Immigration Services with regard to requesting a residence permit for the Netherlands.

After the transitional period, UK nationals will in most cases require a residence document to remain in the Netherlands. Brexit will not affect your right of residence if, in addition to British nationality, you also have an EU, EEA or the Swiss nationality. Nor will your right of residence be affected if you are a UK national, and have a either permanent residence permit or a permit as long-term EU resident in the Netherlands.

Action: If you are a UK national, assess in advance of 31 December 2020, whether you are registered at the BRP and whether you need a residence permit to stay in or move to the Netherlands.

Work permit

Residents of EU Member States do not require a work permit if they work in another Member State. This remains applicable to UK nationals working in the Netherlands, during the transitional period (until 1 January 2021). If you were already living in the Netherlands prior to 31 December 2020, you will not require a work permit to work after 1 January 2021.

UK nationals who come to live in the Netherlands after the transitional period and who stay to work less than 90 days, will still need a work permit. If the working period exceeds 90 days, you will need either a combined Residence and Work permit, or a highly skilled migrant / intra-corporate transferee permit.
In order to work in the Netherlands legally, UK nationals who do not come to live in the Netherlands after the transitional period, will in most cases require a work permit.

Action: Are you a UK national? If so, find out whether a work permit is required to come to (or continue to) work in the Netherlands from 1 January 2021 onwards.

Any questions?

Our specialists would gladly advise you on any expat-related matters. If you have any questions about these matters, please contact your Baker Tilly advisor. You can also contact us at our general telephone number (+31) (0)10 25 35 900 or at rotterdam@bakertilly.nl.