British prime minister Theresa May asked the EU for another postponement for the Brexit until June 30, 2019. All EU member states need to vote for the requested postponement otherwise – most probably a no-deal – Brexit will follow on April 12, 2019. As many EU leaders seems to be reserved voting for the requested postponement – unless Great Britain comes with a good plan – it is more than time to look into the consequences of a no-deal Brexit for employers and employees. Do British citizens continue to have the right to stay and work in the Netherlands after April 12, 2019 -or after a no-deal Brexit on a later date?
In case of a no-deal Brexit all the EU-Regulations will no longer be applicable in relation to Great-Britain. To absorb the consequences of a no-deal Brexit the Dutch Parliament has announced a transition period. The transition period starts from the date of the Brexit for the duration of 15 months (until July 1, 2020)[1].
British citizens already in the Netherlands before Brexit
Within this period all British citizens (and their family members) who stayed on a rightful basis in the Netherlands before the Brexit, keep their rights to stay, study and work in the Netherlands. They will receive a temporary residence permit in the form of a letter from the Dutch Immigration Office (IND). As an employee you will need to hand over a copy of this document to your employer. Therefore it is important as a British citizen to be correctly registered with the BRP-register in the Netherlands.
Spread over the transition period British citizens (and their family members) will receive a invitation letter from the IND to file a request for a definitive residence permit. British citizens who are staying longer than 5 years in the Netherlands on a rightful basis are able to obtain a permit for an indefinite period of time. British citizens that are staying on a rightful basis in the Netherlands for a shorter period are able to obtain a permit for a limited period. With this residence permit they will retain their right to study and to work in the Netherlands. Employers will not need a working permit to employ or to continue the employment agreement of those British citizens. Also those British citizens are exempted from other integration requirements like a integration course.
British citizens coming to the Netherlands after Brexit
British citizens who are not staying in the Netherlands on or before April 12, 2019 – or on or after the date of a no-deal Brexit on a later day, will need to obtain a residence permit as a national of a non-member state country. The normal rules for non-EU citizens will apply. In order to be able to obtain a residence permit the British citizen will need to have a goal to stay in the Netherlands: work, study or family. Employers that would like to employ those British citizens will need to apply for a working permit, otherwise they will risk a major fine.
In case you have questions or you need advice regarding the implications of Brexit for you as an employer or an employee – or in case you have other Brexit related questions – do not hesitate to contact our office. We will be happy to assist you.
This article is written by Amanda Brouwers – attorney-at-law, Schelstraete Equine Lawyers / Schelstraete Business Lawyers – info@schelstraete.nl
[1] Or a later date in case of a no-deal Brexit on a later date.
