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Brexit & The Netherlands

Jan 1, 2021

What is Brexit? How has Brexit affected UK citizens living and working in the Netherlands, specifically regarding their residency and working rights? Here is what you need to know about Brexit and the Netherlands. 

What is Brexit?

The name Brexit is a combination of “Britain” and “exit”. The UK held a referendum on its EU membership on June 23, 2016, and the majority of the voters (51,89%) voted to leave the EU.

The UK left the EU on January 31, 2020. A transition period was in place up until December 31, 2020. On January 1, 2021, the rules set out in the agreement on the new partnership between the EU and the UK came into force.

Can I stay in the Netherlands after Brexit?

When it comes to living in the Netherlands and your right of residence, it all depends on whether you came to live in the Netherlands before the transition period or after the transition period.

Before the transition period (December 31, 2020)

Were you already living in the Netherlands on or before December 31, 2020? If the answer is yes, you fall under the withdrawal agreement. This means that you will need to apply for a residence document before July 1, 2021, to be able to stay in the Netherlands. With this document, you will also be able to continue working in the Netherlands without a work permit.

If you have been living in the Netherlands for less than five years, you can apply for a temporary residence permit. If, however, you have been living in the Netherlands for over five years consecutively, you can apply for permanent residency.

All UK nationals who were registered with their municipality before August 1, 2020, should have received an invitation letter from the IND to apply for a residence document.

After the transition period (December 31, 2020)

Did you come to the Netherlands after December 31, 2020? If so, you do not fall under the withdrawal agreement, which means you will need to meet the Dutch requirements for living in the country, as you are considered a third-country national. Requirements for third-country nationals are often stricter and you will need a residence permit for a specific residence purpose.

Exceptions are made in the following instances: 

  • If you are a UK national who also holds EU, EEA or Swiss citizenship.
  • If you are going to live with a family member who falls under the withdrawal agreement, as family reunification is still possible after Brexit.
  • If you are a UK national with a national residence permit for permanent residence, since this includes an EU long-term residence permit. You can exchange your national permanent residence permit from the UK for a Dutch permanent residence document under the withdrawal agreement.
  • If you are a third-country national and your relationship with your partner who is a UK national has ended as a result of death or divorce. It may be possible for you to stay in the Netherlands under EU provisions.

Working in the Netherlands after Brexit

When it comes to having a job in the Netherlands and whether you need a work permit, it all depends on whether you came to live in the Netherlands before the transition period or after the transition period.

Before the transition period (December 31, 2020)

If you came to the Netherlands before or on December 31, 2020, you fall under the withdrawal agreement, which means you may continue working in the Netherlands without a work permit, provided you have a residence permit.

After the transition period (December 31, 2020)

Did you come to the Netherlands after December 31, 2020? Your employer will need to apply for an employment permit for you from the UWV, if you will be working in the Netherlands for less than 90 days. If you will be working in the Netherlands for more than 90 days, your employer must apply for a combined work and residence permit for you from the IND.

United Kingdom nationals: Travelling between the Netherlands and the UK post-Brexit

From 2021, UK nationals travelling to the Netherlands will be subject to the same procedures as third-country nationals. This means custom controls may take longer as they are more in-depth.

ID card or passport?

If you are visiting the UK from the Netherlands, you were allowed to use your ID card up to and including September 30, 2021. Since October 1, 2021, you have needed a valid passport. If you are a UK resident covered by the withdrawal agreement, you may use your ID card to travel between the UK and the Netherlands until at least the end of 2025. Please note that you may need to show proof that you fall under this agreement.

Visa

If you have a British passport, you will be able to travel to Schengen countries without a visa for up to 90 days in any 180-day period. Conditions may apply.

UK nationals: Studying in the Netherlands post-Brexit

If you come to live and study in the Netherlands after December 31, 2020, you do not fall under the withdrawal agreement. Whether you will be able to receive student finance and pay statutory tuition fees will depend on the type of residence permit you hold. Generally, this means you will have to pay institutional fees.

Primary and secondary school in the Netherlands after Brexit

The right to primary and secondary education is not affected by nationality, which means if you live in the Netherlands, your children will retain their right to an education in this country.

Will I still be able to drive on my UK licence post-Brexit?

The answer depends on where you live. If you live in the UK and are visiting the Netherlands for a short time, then, yes, you may drive on your UK licence. However, if you are living in the Netherlands, and you have a UK driving licence, you will need to exchange it for a Dutch driving licence at your municipality. This requires you to submit a health declaration to the Central Office for Motor Vehicle Testing (CBR)

Will UK nationals still have access to Dutch healthcare post-Brexit?

Health insurance is compulsory in the Netherlands, meaning you must have health insurance if you are resident, no matter whether you arrived before or after the end of the transition period. This will ensure that you have access to the Dutch healthcare system. British nationals resident in the Netherlands usually access healthcare in one of the following ways: 

  • Taking out Dutch health insurance
  • Using a European Health Insurance Card (EHIC) or UK Global Health Insurance Card (GHIC) for temporary stays
  • Registering a UK-issued S1 form with a statutory health insurer

If you live and work in the Netherlands

If you’re employed in the Netherlands, you will be able to access healthcare by registering with a health insurance provider. You will pay monthly premiums. You are advised to take our Dutch health insurance within four months of your arrival in the Netherlands.

If you are temporarily posted to the Netherlands by your UK employer

If you have been temporarily sent to the Netherlands by your UK employer (known as being a “posted worker” or a “detached worker”), you can access Dutch healthcare using an EHIC, GHIC or S1 form. HMRC has a helpline for non-UK residents if you have questions about your posted worker status and healthcare. 

If you’re a resident of the Netherlands and receive a UK State Pension

If you’re a resident of the Netherlands and receive a UK State Pension, you may be entitled to state healthcare paid for by the UK. You can access this via a so-called S1 form, which you must register with a Dutch health insurer. The form will entitle you and your dependents to healthcare in the Netherlands on the same basis as Dutch citizens who are covered by basic health insurance. Alternatively, you can take out a health insurance policy with a Dutch insurer. 

Can I still use my European Health Insurance Card (EHIC)?

If you live in the Netherlands, you must not use your UK-issued EHIC card for healthcare. However, if you were living in the Netherlands before January 1, 2021, you may be eligible for a new UK-issued EHIC if you’re: 

  • A UK student in the Netherlands
  • A UK State Pensioner with a registered S1 form
  • A frontier worker with a registered S1 form

Am I still entitled to Dutch social security benefits after Brexit?

When it comes to social security rules, the objective of the withdrawal agreement is to ensure that everything remains pretty much the same as it was before Brexit. This means that if you live and work in the Netherlands, the Dutch government will continue to be competent for your state welfare - that is, you will be pay contributions to the Dutch social security system and be entitled to Dutch benefits.

If you have accrued rights to social security benefits either in the UK or in the Netherlands (for instance, if you built up a pension entitlement in the UK before moving to the Netherlands, or vice versa) you will retain these rights even after Brexit: 

  • UK citizens who are already receiving an old-age pension from either the Netherlands or the UK (or both) will continue to receive this as normal. 
  • UK citizens who started working in the Netherlands before January 1, 2021, are covered by EU law and will retain their pension entitlements.
  • UK citizens who started working in the Netherlands on or after January 1, 2021, are covered by the Trade and Cooperation Act, which gives them almost exactly the same rights as the EU law. 

Importing products from the UK post-Brexit

If you buy something online from the UK, the same rules apply to ordering goods from outside the EU, which means that you will have to pay VAT on products that cost over 22 euros, and you will need to pay import duties for products costing over 150 euros.

Furthermore, when it comes to importing your car to the Netherlands, you will need to follow the importing rules for residents of a non-EU/EFTA country.

Bringing food products into the Netherlands from the UK post-Brexit

From 2021, there are stricter rules in place when it comes to bringing food into the Netherlands from the UK. You are no longer allowed to bring in meat, fish or dairy products. There are some exceptions, however.

Can I take my pet to the Netherlands after Brexit?

As of January 1, 2021, EU pet passports that were issued in the UK are no longer valid. This means you will need a health certificate issued by an official authority in the UK instead. Your pet will also need an identification chip and a rabies vaccination. If your pet belongs to a protected species, you may also need a CITES permit.