What to expect for UK citizens and their families living in IP?
Everyone knows about Brexit. But what's next is not entirely clear. It is clear that now all EU citizens and their partners will have to obtain visas to travel to the UK, it is clear that the position of British citizens in the EU will somehow change. Here we will tell you how events will develop for those who live directly in the IP.
So, the EU and the UK have been negotiating an agreement for the UK to leave the EU for some time now. On November 13, 2018, the UK and the EU entered into a temporary withdrawal agreement.
Under the terms of this agreement, UK citizens and their families can continue to live, work and study in the Netherlands after Brexit. The agreement was to enter into force after approval by the British and European parliament. In November 2018, all EU heads of state signed an agreement, but on January 15, 2019, the British House of Commons voted against the agreement.
The Dutch government is concerned about the situation of those of its residents who will be affected by this change, making every effort to reach an agreement with the UK. Nevertheless, there is still no definite answer as to how the negotiations will end and whether an agreement on Britain's withdrawal from the EU will be signed.
Do not forget, however, that any decision will affect the position of UK citizens and their families living in the IP. Brexit will not affect only those who will receive Dutch citizenship on March 29, 2019, or who will have a permanent residence permit at that time (onbepaalde tijd verblijfsvergunning).
Here is what the IND Immigration Service (IND) writes on their website:
What happens if countries agree and sign a withdrawal agreement?
- Are you already legally residing in the Netherlands? In this case, you can continue to live, work and study in the Netherlands after Brexit. After 5 years of legal residence in the Netherlands, you can obtain permanent residence rights in the same way as EU citizens, with whom you can simply continue to live here.
- Nothing will change at first, and you will retain the same rights for the transition period from March 29, 2019 to December 31, 2020. You don't need to do anything. You don't even need a residence permit.
- After December 31, 2020, you will need to obtain a residence permit in order to be able to continue living, working and studying here. Therefore, the IND will invite you to apply for a residence permit during the transitional period (from 29 March 2019 to 31 December 2020).
- You do not need to take any action on your own, you will receive an invitation from the IND to apply for a residence permit. The IND will evaluate your application under the same conditions as for EU citizens.
- The cost of applying for a new status of residence will be equal to the cost of applying for an EU residence permit. If you already have an EU residence permit, you do not need to apply. The IND will exchange your residence permit for a new one free of charge.
- An invitation letter will be sent to the address where you are registered with your municipality (BRP). Make sure this information is correct.
- By issuing invitations on its own, the IND can ensure that each application is examined thoroughly and in a timely manner. If everyone submitted applications at the same time, it would not be possible to process them immediately and your application could be considered with a delay.
What happens if countries don't agree and sign a withdrawal agreement?
- On January 7, 2019, the Cabinet of Ministers announced in a letter to Parliament that British citizens who will legally reside in the Netherlands at the time of March 29, 2019 will be able to remain in the IP even if the agreement on Britain's exit from the EU is not signed.
- If the agreement is not signed, the transition period will last from March 29, 2019 to July 1, 2020. During the transition period, you retain your rights to live, work and study in the Netherlands. This also applies to family members of a UK citizen who do not have EU citizenship. IND will send you a letter by March 29, 2019. This letter is your temporary residence permit. You don't need to do anything for this.
- After the transition period, you will need a new national residence permit. You can get a residence permit if you meet the same living conditions that apply to EU citizens. With this residence permit, you also have the right to work and study in the Netherlands. You will receive an invitation letter to apply for a national residence permit before April 1, 2020, which will apply for a transitional period.
- If you already have a permanent residence permit in the EU, then you do not need to apply. The IND exchanges your residence permit for a new one free of charge.
The IND has sent a letter to UK citizens and their relatives residing in the Netherlands with information on their post-Brexit residency rights if the agreement is not signed. The letter was sent in the week of January 14, 2019 to all Britons (and their families) who are registered with BRP (Basisregistratie Personen). In this letter, you can read what Brexit will bring you.
There are two options for a newsletter. Which one you get depends on your situation:
If you want to know what kind of residence permit you have, read how to do it on the website www.vreemdelingendocumenten.nl.
Summarizing all of the above and adding here what you can find in the newsletters, we can say that so far no active actions need to be taken, but you should not relax at all either.
As they say, “follow the instructions”, but first, check if the IND has your current address to which the letter will be sent. And of course, if you have any questions, sign up for a consultation with the IND, because despite the fact that there is still time and no strict measures are planned, it is important not to miss the deadline for submitting applications for a new residence permit, if necessary.
Publication Date: 18.03.2019
