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).
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 – firstname.lastname@example.org
 Or a later date in case of a no-deal Brexit on a later date.