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Brexit and the Netherlands: a guide for employers and employees

Written by
Bronsgeest Deur Advocaten, leading law firm in the Netherlands specialised in HR and employment law.
Authors
Hylda Wiarda
Hylda Wiarda
Partner - Netherlands
05.01.21
3
Following the end of the Brexit transition period, UK nationals living and working in the Netherlands or travelling there for business are subject to new rules.

1. GUIDANCE

1.1 Has any guidance been issued on how UK nationals can obtain settled residence status and permission to work from 1 January 2021 and what proof of residence is needed for current residents to maintain their status?

British nationals and their family members who were lawfully resident in the Netherlands prior to 1 January 2021 are entitled to live, work and study in the Netherlands after 1 January 2021. They need to apply for a residence permit to show that they have a legal right of stay and are allowed to work in the Netherlands. They can still apply for their permits until 1 July 2021.

British nationals who decide to come to the Netherlands to live, work or study after 1 January 2021 have the option to apply for a residence permit as a third-country national.

Cross-border workers working in the Netherlands before 1 January 2021 need to be in the possession of a frontier worker document. With this frontier worker document, the employee can travel in and out of the Netherlands for work.

 

2. BUSINESS TRAVEL

2.1 Do UK employees need a business visa from 1 January 2021?

Regulation (EU) 2019/592 of 10 April 2019 exempts UK citizens from the requirement for a Schengen visa. It applies from the day the UK is no longer subject to EU law. UK citizens can enter and stay in the Schengen area for a maximum of 90 days in any rolling 180-day period.

The Schengen exemption applies from 1 January 2021.

UK nationals can travel to the Netherlands without having to obtain a visa or an authorisation for temporary stay (mvv) for long-term stay to travel to the Netherlands.

2.2 What documents are needed on arrival for business travel from 1 January 2021?

It depends on the concrete situation.

2.3 Do UK nationals need additional permission to work for business travel from 1 January 2021 in the event of no deal?

It depends on the situation.

 

3. EMPLOYMENT AND RESIDENCE

3.1 Do UK nationals need permission to work and stay in the Netherlands from 1 January 2021? 

Yes.

3.2 If permission to work is needed after 1 January 2021, do any quotas apply to the employment of third-country nationals? 

No.

3.3 If permission to work is needed from 1 January 2021, what categories of permission are commonly granted?         

Knowledge migrants. Knowledge migrants are employees who do not have EEA or Swiss nationality who come to the Netherlands to carry out paid employment based on a local employment contract and earn a minimum monthly gross salary

3.4 If permission to work or stay is needed from 1 January 2021, how long does the procedure take?    

It depends on the procedure. The authorities usually decide on a knowledge migrant residence permit application within two weeks (the Dutch employer should be accepted as a recognised sponsor first).

3.5 If permission to work and stay is needed from 1 January 2021, what Government fees are payable?

At the time of writing: EUR 320 for a knowledge migrant residence permit application.

 

4. FRONTIER WORKERS

4.1 What formalities apply to UK frontier workers working in the Netherlands but living in another country from 1 January 2021?  

They will be considered third-country nationals. A Dutch work permit is needed to work in the Netherlands.

 

5. PERMANENT RESIDENCE

5.1 From what date are third-country nationals entitled to apply for permanent residence?        

In general, after five years of legal stay in the Netherlands (subject to conditions).

 

6. SECURING RESIDENCE AND WORK STATUS

6.1 What steps could UK nationals take currently to secure their residence and work status?      

When employed and registered in the Netherlands before 1 January 2021 apply for a residence permit to work and stay in the Netherlands before 1 July 2021.