No-deal Brexit and cross-border workers

No-deal Brexit and cross-border workers
UK nationals living in the Netherlands who are correctly registered in the Personal Records Database (BRP) at their municipality, as well as their family members are automatically covered by transitional rules.
They can continue to reside, work and study in the Netherlands during a no-deal transition period. On the other hand, UK nationals working in the Netherlands as a cross-border worker on the date of Brexit are required to actively claim transitional rules. They need to apply for a residence endorsement sticker in their passport (free of charge) at an IND-desk after Brexit. With this sticker, they will be exempt from the requirement for a work permit (TWV) during the Dutch national transition period in the event of a no-deal Brexit. In order to obtain the residence endorsement sticker, you need to meet the following conditions:
  • On the date of Brexit you were a cross-border worker in the Netherlands;
  • You wish to continue to work as a cross-border worker in the Netherlands after Brexit;
  • You have a valid employment contract establishing that you will continue to carry out your activities in the Netherlands;
  • Your main place of residence is the United Kingdom and you travel back to the UK on average at least once a week;
  • You have a valid passport.
At present it is not yet possible to schedule an appointment for this sticker. Please note that the validity of a residence endorsement sticker is always at least 1 month less than the expiry date of your passport. Therefore the sticker may cover a period shorter than the transitional period. You can get a new a residence endorsement sticker for the rest of the transitional period after you have renewed your passport.

Residents of other EU-member states

In case a UK national’s main place of residence is another EU-country, he or she does not meet the  requirements mentioned above. Thus, based on the information on the Brexit page, a UK national living in (for example) Belgium who is working as a cross border worker in the Netherlands for a Dutch employer would need a work permit in case of a no-deal Brexit. Upon calling the IND’s Brexit hotline, the IND verbally confirmed that the residence endorsement sticker is also available for cross-border workers who reside in another Member State. However, we have not yet received a written confirmation and the Brexit page has not been amended. Therefore there is no certainty for these persons yet.