Immigration and Visas

Brexit and UK Nationals in the Netherlands: Your Residence Rights

9 min read For Expats in the Netherlands

The departure of the United Kingdom from the European Union introduced new rules for UK nationals living, working, and studying in the Netherlands. For those who were already residents before 31 December 2020, the Withdrawal Agreement protects certain rights. For new arrivals, different immigration rules now apply. This guide clarifies the situation for UK nationals in the Netherlands.

Post-Brexit Residence Status for UK Nationals

The status of UK nationals in the Netherlands depends primarily on whether they established residence before or after 31 December 2020.

1. UK Nationals Residing Before 1 January 2021 (Withdrawal Agreement Beneficiaries)

If you were a UK national lawfully residing in the Netherlands by 31 December 2020, you are covered by the EU-UK Withdrawal Agreement. This agreement protects your existing residence rights, similar to how they were under EU free movement rules. To formalise this, you needed to apply for a specific residence document (Type M or Type EU/UK) from the IND (Immigratie- en Naturalisatiedienst).

  • Type M document: For those who had less than five years of continuous residence by 31 December 2020. This grants temporary residence.
  • Type EU/UK document: For those who had completed five years of continuous residence by 31 December 2020, granting permanent residence.

The deadline to apply for these documents was 30 September 2021. If you failed to apply by this date, your residence status may be irregular, and you should seek urgent advice from the IND or an immigration lawyer.

2. UK Nationals Arriving On or After 1 January 2021

For UK nationals who moved to the Netherlands after 1 January 2021, EU free movement rights no longer apply. You are treated as 'third-country nationals' and must apply for a residence permit under standard Dutch immigration rules. This typically means applying for permits such as:

  • Highly Skilled Migrant visa
  • Student visa
  • Work permit (combined with a residence permit)
  • Family reunification visa

Applying for a Residence Document (Withdrawal Agreement)

While the primary application period has passed, understanding the process for Type M and Type EU/UK documents is still relevant for those who might have applied late or need to understand their status.

  1. Online Application: Applications were made online via the IND website.
  2. Supporting Documents: Proof of identity (passport), proof of address, and evidence of lawful residence before 1 January 2021 (e.g., employment contracts, bank statements, rental agreements).
  3. Biometrics: Applicants were required to provide fingerprints and a passport photo at an IND office.
  4. Decision: The IND would assess the application and issue a decision. Upon approval, the residence document could be collected.

Crucial Information

If you are a UK national who was legally resident in the Netherlands before January 1, 2021, but have not yet secured your residence document under the Withdrawal Agreement, you should contact the IND immediately to clarify your situation.

Rights and Entitlements for Withdrawal Agreement Beneficiaries

If you hold a valid residence document under the Withdrawal Agreement, your rights are largely protected:

  • Right to Reside: You can continue to live in the Netherlands.
  • Right to Work: You have the right to work in the Netherlands without the need for a separate work permit.
  • Right to Study: You can continue or start studying under the same conditions as before Brexit.
  • Access to Healthcare and Social Security: You retain access to the Dutch healthcare system and social security benefits under largely the same conditions.
  • Family Reunification: Close family members who were resident with you before 1 January 2021 also retain their rights. New family members may also join you, subject to certain conditions.

New Arrivals: UK Nationals Moving to the Netherlands Post-Brexit

For UK nationals moving to the Netherlands after 1 January 2021, the process is similar to that for other non-EU/EEA nationals. You will generally need to apply for an entry visa (MVV) and/or a specific residence permit based on your purpose of stay:

  • Work: Requires a sponsor (employer) to apply for a highly skilled migrant permit or a combined permit.
  • Study: Requires admission to a recognised Dutch educational institution.
  • Family: If joining a family member (Dutch national or another expat with a valid residence permit).

It is essential to check the latest IND requirements and apply for the correct permit before entering the Netherlands, if applicable.

Ready to Take the Next Step?

Understanding your residence rights is fundamental. Ensure your status is clear so you can focus on settling in and managing your household, including comparing energy providers.

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