Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?
Frontier work that started before 1 January 2021 and continues in the Netherlands, as an employee with an employer in the Netherlands or as a self-employed person whose company is in the Netherlands; the work must be genuine and effective (certainly so if income is at least 50% of the social welfare level or work is at least 40% of the full working week); no danger to public order. Frontier workers providing temporary services on secondment are excluded. Frontier-worker status is retained when temporarily unfit to work through illness or accident; when involuntarily unemployed and registered as a jobseeker (for 6 months if they worked less than 1 year); for 6 months when voluntarily unemployed; or during professional training (if voluntarily unemployed, only if related to the last job).
See recorded sources
- https://ind.nl/en/residence-permits/withdrawal-agreement-brexit/frontier-worker-based-on-withdrawal-agreement
a frontier worker before 1 January 2021 and are still working as a frontier worker in the Netherlands. One of these situations applies to you.
You are an employee and have a contract with an employer. Your employer is in the Netherlands.
You are self-employed and your company is situated in the Netherlands.
You carry out genuine and effective work as an employee or self-employed person. This is certainly the case in one of these situations.
The level of your income is at least 50% of the social welfare level. On the Government of the Netherlands website, you can find out the level of
Social welfare benefits in the Netherlands
. This link is only available in Dutch.
You work at least 40% of the full working week.
You do not pose a danger to public order.
Are you a frontier worker and do you provide temporary services in the Netherlands on secondment? Then you do not fall under the rules of the Withdrawal Agreement.
Frontier worker and unemployed
You used to work as a frontier worker in the Netherlands but are unemployed now. In these situations you continue to be a frontier worker according to the Withdrawal Agreement.
You are temporarily unfit to work because of illness or an accident.
You worked more than 1 year, are now unemployed, and this is not your fault. And you are registered with the Dutch government as someone seeking a job.
You worked less than 1 year, are now unemployed, and this is not your fault. And you are registered with the Dutch government as someone seeking a job. You continue to be a frontier worker for the IND for 6 months. This period starts on the first day you become unemployed.
You used to work, but you are now unemployed by your own choice. You continue to be a frontier worker for the IND for 6 months. This period starts on the first day you become unemployed.
You start professional training after becoming unemployed. Did you become unemployed by your own choice? Then the IND will only see you as a frontier worker if your training is related to your last job.