No-deal Brexit plan announced for UK citizens’ rights

What is the Brexit news? The Dutch government has announced how it will administer the status of U.K. nationals in the Netherlands in the event of a “no-deal” Brexit.

Key points:

• The Netherlands will apply a national transition period of March 29, 2019 to July 1, 2020, during which the status quo will remain and U.K. nationals and their family members may continue to work, live and study in the Netherlands.
• U.K. nationals who are legally residing in the Netherlands on March 29, 2019 will receive a letter that will serve as a temporary residence permit from the Immigration and Naturalisation Service (IND). IND will rely on the address that the U.K. national has registered in the municipality’s personal records database.
• During the transition period, all U.K. nationals will be required to apply for a new national resident permit, which will be based on the same conditions that apply to EU citizens.
• The IND will send letters to all affected U.K. nationals before April 1, 2020, inviting them to apply for a national residence permit.
• U.K. nationals who do not have legal residence in the Netherlands on March 29, 2019 will require work authorization and a residence permit in order to obtain a legal work and residence status in the Netherlands.

Background: The U.K. is set to leave the European Union on March 29, and although the U.K. and the EU have negotiated a draft withdrawal agreement, it has not been put to a vote in the U.K. Parliament. The vote is scheduled for next week and if it fails to pass, it is very likely that the U.K. will leave the EU without a deal. In preparation for this scenario, EU member states are now releasing plans on how they will address the end of EU free movement as applied to U.K. citizens.

Analysis & Comments: The plan provides certainty to Dutch employers and U.K. nationals in the Netherlands that they will retain free movement during the transition period and be notified of their status by the IND. Employers should ensure that all U.K. national employees are properly registered with the municipality of their residence, as the IND will be relying on this address to communicate important information to them and their family members. Employers should also ensure that sufficient preparation is afforded to those U.K. nationals arriving after 29 March 2019, who will require a work authorization and residence permit.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.