Article provided by Ms Sarah Omar of Kroes Advocaten Immigration Lawyers, an IN Amsterdam partner
Since the UK left the European Union, residency rights for British nationals in the Netherlands have changed. This is because British citizens intending to reside in the Netherlands after 1 January 2021 no longer fall under previous agreements with European Union-member states. The Immigration and Naturalisation Service (IND) now classifies this group as “third-country nationals”, meaning people who do not have EU, EEA or Swiss nationality.
British nationals who want to move to the Netherlands after 1 January 2021 can still do so in certain circumstances. The following residence permits are still available to British nationals after Brexit. Application processes depend on your individual situation.
Highly skilled migrant scheme
Some British nationals may qualify to live in the Netherlands as highly skilled migrants. They must be recruited from abroad to work for a company that the IND considers a “recognised sponsor”, meet a minimum salary threshold and various other criteria. As an extra incentive, highly skilled migrants can be eligible to receive the tax advantage known as the 30% ruling.
Reunification with a family member or partner who lives in the Netherlands
British nationals who have family members or a partner who has been a resident of the Netherlands prior to 31 December 2020 can join them in the Netherlands. The relationship must have existed before 1 January 2021 to fall within the scope of the EU-UK agreement.
Intra Corporate Transferees permit (ICT)
This is an option for employees of companies that have at least one entity outside the EU and an entity in the Netherlands. Managers, specialists and trainee employees can be transferred within the group to Dutch-based branch for a maximum of three years.
As part of the EU-UK agreement, a more lenient labour market test applies to ICT applications. Employers do not need to demonstrate that the company first spent at least three months searching for candidates in the EEA, nor notify the UWV of the vacancy.
European blue card
UK nationals who have a contract to perform highly qualified work and meet a salary threshold in the Netherlands may be eligible for the European blue card. In comparison to the highly skilled migrant permit, the European blue card offers more mobility between EU member states. After having stayed in the country that issued the permit for at least 18 months, the holder is allowed to move to another EU Member State without losing the residence history of the first country.
Researchers from non-EU countries can live and work in the Netherlands providing their educational institution is recognised by the IND and they meet certain criteria.
This permit applies to British nationals looking to set up a business in the Netherlands. The RVO (Netherlands Enterprise Agency) assesses whether the business has a good chance of success and serves the Dutch economy’s vital interests. Applications are considered on a points-based system.
Startup entrepreneurs who meet certain conditions can launch their businesses in the Netherlands under the guidance of an experienced mentor known as a facilitator. Applications can be submitted via the IND website.
Working in paid employment
A combined work and residence permit (GVVA) for paid employment is subject to strict criteria and usually only granted to specific professions. Current examples include professional athletes and chefs employed by Asian cuisine restaurants.
These are some of the residency options available to British nationals who want to move to the Netherlands after Brexit. Discuss your situation with Kroes Advocaten Immigration Lawyers for trusted immigration advice.