1.1 Has any guidance already been issued in relation to Brexit, for example on residence or work permits in the event of a no-deal Brexit?
Current status (this may change):
During the Brexit extension period, British nationals and their family members living in the Netherlands retain their rights as EU citizens.
British nationals and their family members who are lawfully resident in the Netherlands prior to 31 October 2019 will be entitled to live, work and study in the Netherlands during the transition period until 30 June 2020.
The Dutch immigration authorities will invite any British nationals who are lawfully resident in the Netherlands to apply for a permanent residence permit, which will be required after the transition period.
British nationals who decide to come to the Netherlands to live, work or study after Brexit have the option to apply for a residence permit as a third-country national. However, they will be exempted from the authorisation for temporary stay (long-term stay visa or ‘mvv’) requirement.
Cross-border workers working in the Netherlands on the date of Brexit can obtain a residence endorsement sticker in their passport (free of charge) when fulfilling the conditions for the sticker after a no-deal Brexit. With this sticker they will be exempt from the work permit requirement during the transition period (it is not possible to schedule an appointment yet).
2.1 When UK employees become third-country nationals will they require a business visa?
Regulation (EU) 2019/592 of 10 April 2019 exempts UK citizens from the requirement for a Schengen visa. It will apply from the day the UK is no longer subject to EU law. When it takes effect, UK citizens will be able to enter and stay in the Schengen area for a maximum of 90 days in any rolling 180-day period.
The Schengen exemption will apply:
- from Brexit date in the event of no deal;
- from 1 January 2021 if the Withdrawal Agreement (‘WA’) is ratified (under the WA, UK nationals keep their EU free movement rights until 31 December 2020).
2.2 What documentation will be required for business travel on arrival at the border once UK citizens are considered third-country nationals?
There is still no certainty regarding this.
3.1 When UK citizens become third-country nationals will they need permission to work?
3.2 If permission to work is needed do any quotas apply for employing third-country nationals?
3.3 If permission to work is needed, as of when will it be needed?
1 July 2020.
3.4 If permission to work is needed, what are the most common categories?
Not clear yet.
3.5 If permission to stay or work is needed, how long does the procedure take?
Not known yet.
3.6 If permission to work or stay is needed, what Government fees would be due for this permission?
At this moment: EUR 57.
4.1 From when can third-country nationals obtain permanent residence?
In general, after five years of legal stay in the Netherlands (subject to conditions).
5.1 What steps could UK nationals still take to secure their residence status?
Submit an application for a permanent residence permit after having received an invitation letter from the Dutch immigration authorities. Keep the temporary residence permit received from the Dutch immigration authorities until the end of the transition period.