No-deal Brexit contingency plans set

High Priority

What is the Brexit news? The Dutch government has published a regulation that would administer the status of U.K. nationals in the Netherlands in the event of a “no deal” Brexit.

Key points:

• Transition period. The Netherlands would apply a national transition period from the Brexit date up to and including June 30, 2020, during which U.K. nationals would be able to apply for a temporary residence permit.
• Temporary residence permits. U.K. nationals would need to be able to present the temporary residence permit and a valid passport during the transition period. Beginning March 13,  the Immigration and Naturalisation Service began issuing temporary residence permits to guarantee that in the event of a no-deal Brexit, all U.K. nationals and their family members with a right of residence in the Netherlands and registration in the Personal Records Database receive a temporary residence permit prior to Brexit. The temporary residence permit would be valid during the transition period.
• Family members. U.K. family members without EU/EER or Swiss nationality would also receive a temporary residence permit. They would need to present a valid passport and their (expired) EU residence document.
• Employers’ administrative duty. Employers would need to keep copies of U.K. nationals’ temporary residence permits and copies of their passports in their administrative records. For non-EU national family members, the (expired) EU residence permit would need to be recorded by the employer as well.
• Cross border workers. U.K. nationals working in the Netherlands as a cross-border worker prior to Brexit may make an appointment to obtain a residence endorsement sticker in their passport (free of charge). During the proposed transition period, U.K. cross-border workers would not be required to obtain a work permit and would be able to continue working as they were before Brexit.

BAL Analysis: The U.K. is set to leave the European Union, and the U.K. Parliament has yet to pass a withdrawal agreement. Although the U.K. has postponed its exit from the EU, it is still possible that it will leave the EU without a deal. Employers should ensure that all U.K. national employees are properly registered with the municipality of their residence, as the Immigration and Naturalisation Service 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 Brexit, who will require a work authorization and residence permit.

This alert has been provided by the BAL Global Practice group and our network partner Everaert Immigration Lawyers in the Netherlands. For additional information, please contact your BAL attorney.

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