The Brexit deal ends the free movement of persons on 31 December.
Although the UK and the EU have found agreement in facilitating the trade of goods, and some cheerfulness can be appreciated, for cross border professionals on both sides nothing is provisioned. With immediate effect, the free movement of persons between the UK and the EU ends on 31 December 2020. British nationals who relocate later will be treated in the Netherlands – as in any other EU / EEA-member state, and Switzerland – as third country nationals.
What happens if you relocate to the Netherlands after 31 December 2020?
The biggest changes:
After 90 days, residents will need a residence permit;
The conditions are very tough, similar to current options in the UK for third country nationals;
Autonomous economic inactive stay, like a pensionado, will no longer be possible;
Employment is prohibited on most occasions, even within the 90 day ‘short stay’ period;
For that reason, providing services will also be hindered;
Unrestricted access to services, like health care or education, is no longer guaranteed.
What does not change:
No visa is required to enter the Dutch (EU-Schengen) border;
Highly skilled migrants with a substantial income (€ 45-62K per year) and scientific workers still maintain a swift option to acquire a permit;
The application for a residence permit can be filed in the Netherlands without a provisional procedure in the UK.
There is some more good news too: our office is now investigating how an ancient, pre EU, treaty between the Netherlands and the UK can be resurrected to accommodate professional services and employment. We have similar experience with trade treaty between Japan and the Netherlands. This option is now reviewed by legal professors, and more will follow soon!
British nationals with residence, or professionals who have structural business interests in the Netherlands, that started before 31 December 2020, may fall under the scope of the Withdrawal agreement. This means they will be eligible to continue the lawful stay with a new residence permit, based on the former, very loose EU-conditions. There are two categories: residents, and non-residents frontier workers.
1. Basic conditions residence permit:
Actual residency in the Netherlands must have started before 31 December, and continue afterwards;.
Registration at the municipalities a resident is strongly advisable, but not compulsory;
The requirements under article 6, 7 or 14 of the Free movement direct must be met before and after 1 January 2021 and are, in short:
Income out of work, roughly 16 hours per week, or € 800 per month, or;
Being self-reliant on a pension or savings, or,
Being a family member of person who complies with the previous requirements, or
Being a student enrolled at a recognized educational institute;
Application must be filed as soon as possible and no later than 30 June 2021.
2. Frontier workers
British professionals who do not have their residency established in the Netherlands, may want to apply for a cross border ID-card. In short, this serves as a general work permit and will exempt the employer of the holder from the work permit requirement. Furthermore, it will grant unlimited access to Dutch (EU-Schengen) territory, instead of the 90/180 days rule.
The frontier work started in the Netherlands before 1 January 2021, and will continue afterwards;
The work that was and is carried out is “real and actual work” as an employee or self-employed person (roughly 16 hours per week, or € 800 per month);
Residency in Holland is not required, but residency in the base country must be lawful;
It is highly advisable to apply for the ID card before 1 January 2021.
Last call for boarding!
Professionals who have structural business interests in Holland and did not yet apply for a permit based on the Withdrawal agreement, are faced with a last “do or die” choice: you have a few days left to apply to safeguard and optimize your flexibility. Need more advice or experienced help to file the application immediately? Contact Julien Luscuere or any of his colleagues and we apply for you, if necessary, the same day: we commit ourselves to secure your rights and options!
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