As there have been many significant developments surrounding the Brexit in the last couple of months, an update in the topic is long overdue.
To begin with the EU and the UK have agreed on April 11thto postpone the Brexit until October 31st. This means that no immediate changes in the residence status of the UK citizens and their family members (on the grounds of art. 8.7 Aliens Decree 2000) will take place in the next six months.
The Dutch government has already announced their policy in a policy measure of March 13th in case of the event of a no-deal-Brexit. This can be roughly divided in two parts, the transitional arrangement and the final arrangement.
The transitional arrangement will only apply to UK nationals who are legally residing in the Netherlands before the Brexit, which has now been set on 31st October 2019.
During the transitional period, which will begin from the moment of the actual Brexit and ends on 1stJuly 2020, the IND will issue UK nationals and their family members who are legally residing here in the Netherlands a residence permit that will replace their current legal status which is derived from EU law. This permit will be valid for the duration of the transitional period.
In general, all UK citizens and their family members who are lawfully residing here in the Netherlands prior to the Brexit will be issued such a transitional residence permit by the IND. In the case of a deal-Brexit or no Brexit at all this transitional permit will become void.
During this transitional period the IND invites these UK nationals and their family members to apply for a residence permit on the basis of the final arrangement. The IND will assess if these UK nationals and their family members are eligible for a definite or indefinite residence permit.
Children of UK nationals or their family members born in the Netherlands during the transitional period are eligible for a residence permit if one of their parents has received a transitional residence permit.
UK nationals who are not legally residing in the Netherlands on the 30th October cannot apply to the conditions under the transitional and final arrangement. The general third-country policy is applicable to them.
One very important aspect to bear in mind is that during until de Brexit in October of this year and during the transitional period which expires in July 2020, legally residing UK national have the right to family reunification under EU Directive 2004/38. This entails that a UK citizen may bring over not only spouse and minor children, but for instance dependent adult children and senior parent. The latter is usually not permitted under domestic UK law. Alt attorneys in recent months has already realized the immigration of several senior dependent parents of UK nationals.
For further questions regarding the Brexit please feel free to contact one of our attorneys at our email: firstname.lastname@example.org, or phone +31206161487. We are happy to help!