Brexit permanent resident permits for British citizens and their family members

If you are a British citizen and you arrived in the Netherlands before the end of the Brexit transition period (ie. before 1 January 2021), please kindly check the expiry date of your current residence permit. If your current permit is about to expire soon, it may be sensible to up the ante in asking for a Brexit permanent residence permit.  Under the Withdrawal Agreement, you can potentially qualify for a Brexit permanent residence card.

Grounds of residence and supporting evidence

When asking for a Brexit permanent residence card, the Dutch Immigration Department will examine the issue as to whether you have always been meeting the conditions as referred to in the Withdrawal Agreement and article 7 of the EU Directive 2004/38. Under this Directive, a Union citizen can reside in a host EU Member State for a plethora of reasons (eg. employment, entrepreneurship, study and being economically inactive). By analogy, article 7 of the Directive is also applicable to British citizens who arrived in the Netherlands before the end of the transition period. As a result, this means that, with a view to applying for the Brexit permanent residence, you need to gather certain evidence. These documents can range from employment agreements, bank statements to insurance policies etc.

Residence requirements

Moreover, the IND may examine the issue as to whether you have been meeting the residence requirements. Pursuant to article 11 of the EU Directive 2004/38, during the first five years of stay in a host Member State, the validity of the residence card shall not be affected by temporary absences not exceeding six months a year. However, under the Directive, one can be allowed to stay up to 12 consecutive months outside the host Member States for one of the special reasons (eg. compulsory military service, pregnancy and childbirth, serious illness or study etc.).

Local practice in the Netherlands

When it comes to the local practice in the Netherlands, the Brexit permanent residence application can be submitted three months in advance (prior to the completion of the five-year term). Moreover, it is worth mentioning that both the time before and the period after Brexit can be counted jointly towards this purpose. As a result, you may qualify for a Brexit permanent residence permit earlier than expected. Nevertheless, the IND will most likely grant you the status of Brexit permanent residence from the exact moment that you reach the five-year term.

Validity of the Brexit permanent residence card

Once the IND grants your application for Brexit permanent residence card, you will receive a 10-year Brexit permanent residence card. For minor-aged children, the Brexit permanent residence card will be valid for five years. With a permanent residence card, it may be easier to put down roots.  

Dual/multiple nationalities

Furthermore, British clients can also consider asking for naturalization. The general rule is one needs to renounce his/her previous nationalities after acquiring Dutch citizenship through naturalization. As is commonly known, there are certain exceptions to this general rule.

Contact Mynta Law

Should you be interested in knowing more about how to ask for a Brexit permanent residence card, please feel free to book a consultation with one of our lawyers.