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Withdrawal Agreement — temporary residence document

NetherlandsFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

The Brexit Withdrawal Agreement: UK nationals, or family members of a UK national with a different nationality, who were living legally in the Netherlands before 1 January 2021 and have lived there for less than 5 years under EU rules or the Withdrawal Agreement at the time of application.

See recorded sources

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

As a worker or self-employed person carrying out genuine and effective work (certainly so if income is at least 50% of the social welfare level or work is at least 40% of the full working week). For those not working, the IND page introduces the conditions with 'One of these situations apply': healthcare insurance; income sufficient to provide for themselves (and family), from any source — certainly enough at the Dutch minimum wage with holiday pay.

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Limits of the record
  • Whether a non-working person needs both healthcare insurance and sufficient income is not clear: the page introduces them as 'One of these situations apply'.

What entry, registration or residence-document formalities remain?

A temporary 'Residence document Withdrawal Agreement' is applied for online (UK nationals, with DigiD) or in writing by post (form 6530, mandatory for some family members); the fee is € 85,00 (different for under 18s); the IND must decide within 6 months; the document is collected at an IND desk by appointment and is valid for 5 years; a TB test at the GGD within 3 months may apply. Applications on or after 1 October 2021 are late; from 1 October 2022 a good reason must be given, and late application makes the stay illegal.

See recorded sources

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Family members of a UK national with a WA residence permit may join on or after 1 January 2021 if the relationship existed before 1 January 2021: married or registered partner; unmarried partner in a real, long-term relationship (living together at least 6 months in a row or a child together); financially dependent parent, parent-in-law or grandparent; child, grandchild or great-grandchild (financially dependent if 21 or older); they must not pose a risk to public order and must apply within 3 months after arrival. Other family members qualify only if in the Netherlands (or had asked for entry) before 1 January 2021 and living with, or financially or medically dependent on, the UK national. Holders of the WA residence document are free to work without a work permit (TWV).

See recorded sources
  • https://ind.nl/en/residence-permits/withdrawal-agreement-brexit/temporary-residency-based-on-withdrawal-agreement
    Family reunification from 1 January 2021 Are you coming to the Netherlands as a family member of a UK national on or after 1 January 2021? And do you want to reunite with family in the Netherlands based on the Brexit Withdrawal Agreement? Then these requirements apply. You meet the general requirements that apply to everyone . The UK national with whom you will be living in the Netherlands has a residence permit based on the Brexit Withdrawal Agreement You already had a relationship with the UK national before 1 January 2021. You are one of these family members: Married or registered partner. Unmarried partner in a real, long-term relationship. This means that you must have been living together with your British family member for at least 6 months in a row or have a child together. Parent, parent-in-law or grandparent. You are financially dependent on the UK national. Financial dependence means that you are given money regularly, for example every month. Only with this money you can pay for your basic needs, for example for rent, food or drink. Child, grandchild or great-grandchild. Are you 21 years or older? Then you must be financially dependent on the UK national. Did you have or have you adopted a child? Your child will get a residence document based on the Withdrawal Agreement if you submit an application. This is only possible if one of the parents already has a residence permit based on the Withdrawal Agreement. You do not pose a risk to public order. You applied for residence in time: within 3 months after your arrival in the Netherlands.
  • https://ind.nl/en/residence-permits/withdrawal-agreement-brexit/temporary-residency-based-on-withdrawal-agreement
    If you are another family member than as specified in the requirements, you can also be reunited with a UK national. You must, however, have been in the Netherlands since before 1 January 2021. Or you must have asked for entry before that date, for example in a visa application. And you must live with or be financially or medically dependent on the British national. Medical dependence means that you need personal care for serious health-related reasons. Only the British national can give this care.
  • https://ind.nl/en/residence-permits/withdrawal-agreement-brexit/temporary-residency-based-on-withdrawal-agreement
    With a residence document according to the Withdrawal Agreement, you are free to work in the Netherlands.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

After living in the Netherlands for 5 years in a row under EU rules or the Withdrawal Agreement, the person can apply for a permanent residence document, from 3 months before the temporary document expires. The temporary right is withdrawn if main residency is moved: from 1 October 2023, being outside the Netherlands for more than 6 months out of 12 (separate periods added up) without an important reason (e.g. pregnancy, childbirth, serious illness, study or vocational training); from 1 April 2024, being outside for more than 12 continuous months.

See recorded sources
  • https://ind.nl/en/residence-permits/withdrawal-agreement-brexit/temporary-residency-based-on-withdrawal-agreement
    Have you been living in the Netherlands for 5 years in a row according to the EU-rules or the Withdrawal Agreement? Then you can apply for a residence document for permanent residency . You can submit the application as of 3 months before the temporary document you currently have expires.
  • https://ind.nl/en/living-in-the-netherlands-with-a-residence-permit/main-residency
    You have a residence document ‘Residence Document Withdrawal Agreement’ for temporary residency in the Netherlands. The IND will withdraw your right of temporary residence if you have moved your main residency. In the following situations the IND assumes that you have moved your main residency: From 1 October 2023: You are outside the Netherlands for more than 6 months out of a period of 12 months (we add up separate periods). And you do not have an important reason for this long absence from the Netherlands. For example, pregnancy, childbirth, serious illness, study or vocational training. From 1 April 2024: You are outside the Netherlands for more than 12 continuous months.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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