EU/UK immigration law post Brexit

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

No. Currently, there is no specific government-issued legislation pending in respect of immigration to Belgium for UK citizens from 1 January 2021. 

In terms of the application of the Withdrawal Agreement, until 31 December 2020, the same rules continue to apply as before the withdrawal for British citizens and their family members, even though the UK is no longer part of the EU. British citizens and their family members will continue to be treated the same as EU citizens from an immigration law point of view (both for short-term as well as for long-term stays).

However, on Thursday 3 December 2020, a new law concerning Brexit was adopted by the Belgian Parliament and should be published and enter into force soon (as of late December 2020). It transposes art 10 of the Withdrawal Agreement between the EU and the UK. This new law is not yet applicable as it is not yet published in the Official Gazette.

More specifically, this law aims to introduce the procedure by which certain UK nationals (workers, frontier workers) will be able to apply for a residence permit in Belgium after the transition period, i.e. 31 December 2020. It concerns mainly persons in possession of a valid Belgian residence permit before 1 January 2021 (holders of a E and F permit).

UK nationals and their family members defined as the persons mentioned in art 10 of the Withdrawal Agreement, can maintain their right to long-term residence in Belgium and will have until 31 December 2021 to submit their application to the municipal authorities. The individuals qualifying but currently abroad will have to submit the application within three months of their return and not later than 31 December 2021 (although exceptions can be made if the person qualifies). 

In any case, for the nationals concerned, the title they are presently in possession of (E, F permits) to guarantee them residence in Belgium  will automatically expire on 31 March 2022.

Given the division of competences in Belgium, it is in principle the Regions that will have to determine the conditions that British citizens must meet if they wish to work in their territory, possibly in implementation of the treaties that will later be concluded between the UK and the EU.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction from 1 January 2021?

The entry rights and rights to stay of British citizens and their family members at the end of the transition period without a right to reside in Belgium, are a part of the ongoing negotiations between the UK and the EU which will start after the withdrawal. Nothing has been determined yet.

When applying for a residence permit after the transition period, UK citizens can no longer apply for residence under the conditions set for EU citizens. Instead the general rules and conditions for third country nationals will (most likely) apply. UK nationals would thus also require a work permit/residence permit.

3. Are there any national (temporary) transitory measures or can such measures be expected that would apply to UK citizens?

Currently, no particular (additional) transitory measures are foreseen on a national level (beyond 31 December 2020). General rules would apply.

However, under the Withdrawal Agreement, if a British citizen or a family member of a British citizen applied for a residence permit before the 31 December 2020, the application will be examined according to the same rules and conditions as before the withdrawal.

If the application is approved, the person will receive a residence document (E or F card). All British citizens and their family members lawfully residing in Belgium at the end of the transition period will be considered as beneficiaries of the withdrawal agreement. After the transition period every British citizen and their family members will have to be given a new residence document as beneficiaries of the withdrawal agreement which mentions the withdrawal.

Beneficiaries of the withdrawal agreement will keep acquired rights of residence for life.

The same rules apply to a limited number of family members of these beneficiaries, who themselves did not apply for a residence permit before the 31 December 2020:

• Direct family members of beneficiaries of the withdrawal agreement in so far as they were already related to them before the end of the transition period (the spouse or registered partner of a beneficiary, the dependent direct descendants of the beneficiary and those of his spouse or partner or the direct descendants of the beneficiary who are under 21 years old or dependent on him and those of the spouse or partner);
• Persons with whom the beneficiary is in a durable partnership, when they can prove the relationship started before the end of the transition period;
• Children of beneficiaries of the withdrawal agreement, born or adopted after the end of the transition period.

British citizens and their family members who are beneficiaries of the Withdrawal Agreement can apply after five years of lawful residence in Belgium for a permanent residence.

4. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

British citizens holding a national passport do not need a visa to enter Belgium. The European Commission indicated that this is dependent on the UK continuing to offer reciprocal visa-free access to EU citizens. They will be able to travel to countries in the Schengen area for up to 90 days in any 180-day period without a visa for purposes such as tourism. This is a rolling 180-day period.

Previous visits to the Schengen area within the 180 days before the date of travel would count against the 90-day limit. The European Commission has not yet set out how the limit of 90 days in any 180-day period for visa-free travel will be implemented for those who are already travelling in the EU or Schengen Area on 31 December 2020.

For longer stays, British citizens will need to meet the entry requirements set out by Belgium. This would mean applying for a visa. 

A citizen of a non-EU country who wants to work in Belgium must apply for a work (<90 days) or single permit (>90 days) with the competent region via his employer. 

British frontier workers who were already active in Belgium before the end of the transition period, are exempted from visa requirements or other similar formalities, provided that they apply to be recognised as such at the competent municipal administration (as a beneficiary of the Withdrawal Agreement as a frontier worker). They will then be exempt from an entry visa or other similar formalities, provided that they dispose of the document confirming the status as a beneficiary of the Withdrawal Agreement as a frontier worker. They will have to apply for the relevant documents though.  

5. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

As other third country nationals, UK nationals are exempt of work permit and LIMOSA declaration if they only attend meetings in a closed circle in Belgium. To be exempt, they may not spend more than a total of 60 days per year at such meetings in Belgium. Furthermore, no such meeting may last longer than 20 consecutive calendar days.

These rules apply to meetings (discussions on strategy, negotiations with a customer regarding a contract, evaluation interviews, etc.), but not the performance of actual work. For example: the general manager of a UK-based group is exempt if he comes to Belgium to hold evaluation meetings for 11 days with the European Country Managers at the European headquarters.

The exemption of visa requirements has been addressed above in question 4 (90 days/180day period in the Schengen area).

 

1. Is your country putting in place special legislation in respect of immigration from 1 January 2021 for UK nationals entering your country for work/residence?

On 7 February 2019, an "Ordinance relating to entry, residence, social rights and professional activity in the event of Brexit without agreement" was adopted by the French legislator to secure the situation of British citizens who are already reside in France.

Unless other measures are agreed, as of 1 January 2021, British citizens first coming to France will be treated as third country nationals.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction as of 1 January 2021?

The French government has adopted provisions to secure the situation of British citizens already present in France (Order of 7 February 2019):

• For British citizens residing in France before 31 December 2020: The residence permits and work permits they obtained before this date are valid until 30 September 2021. To reside in France as of 1 October 2021, they will need to apply for an appropriate residence permit:
  • British citizens living in France for more than five years may apply for a 10-year residence permit;
  • British citizens living in France for less than five years need to apply for a new residence permit as stipulated in the Withdrawal Agreement. The deadline for applying for this new permit is 31 July 2021.

The implementation of these favourable and derogatory measures will depend on the reciprocity regime that the British government will put in place in favour of French citizens living in the UK.

• For British national cross-border workers, exercising and pursuing an economic activity in France on 1 January 2021, and residing in another EU, European Economic Area, Switzerland or the UK:
  • They must verify the legality of their situation in order to live and/or work in France. To do so, they need a valid residence permit as of 1 October 2021. Applications must be made before 1 July 2021.
  • As concerns British citizens who will enter in France after 1 January 2021 :
  • They shall apply for one of the "standard" residence permits issued in France and in the EU, depending on the profile of the person concerned (student visa, seconded worker, family member of the visa holder, etc.);
  • British employees temporarily seconded to France ("détachement") need to obtain a temporary residence permit that is equivalent to a work permit under the non-EU regime and in the absence of a bilateral agreement between the UK and France. 
  • British employees expatriated to France ("expatriation") on a long-term basis must apply for a long-stay visa that is equivalent to a residence permit and work permit.
  • Any British citizen will be able to apply for French nationality as in the past, as long as he or she satisfies the required criteria.

3. Are there any national (temporary) transitory measures or can such measures be expected which would apply to UK citizens? In what way do/would such transitory measures differ from the standard rules to obtain a work/residence permit in your jurisdiction?

Apart from the rights guaranteed under the Withdrawal Agreement and the delay granted to British citizens already present in France on 31 December 2020, there will be no additional transitory measures. UK citizens will be subject to the same general rules as third country nationals.

4. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

With the exception of the UK nationals who already lived or worked in France before 31 December 2020, UK nationals will not benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals.

5. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

In any case, British citizens who are not residing in France will need a visa to enter into the French territory. Concerning business travels, the following requirements will apply:

• UK nationals visiting France in the context of a business trip need to justify their visit, either by producing business invitations from a business partner in France or showing that they want to attend or participate in trade fairs, seminars or conferences related to their professional activity;
• A short-stay visa valid for the Schengen area is needed. It will allow UK nationals to visit France for the duration of their business trip, which must not exceed 90 days;
• Supporting documentation: in order to obtain a short-stay visa, UK nationals must justify of the business nature of their trip with supporting documents, such as:
  • The request letter, the summons or the invitation from a correspondent in France accurately describing the activity, the purpose, the duration and the location of the meeting, seminar or conference;
  • Admission cards to trade fairs, conferences, or a commitment by the inviting organisation or company to cover all of the visitor's costs during the stay.

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

From 1 January 2021, the German Bundestag has adopted a draft law "Entwurf eines Gesetzes zur aktuellen Anpassung des Freizügigkeitsgesetzes/EU und weiterer Vorschriften an das Unionsrecht" in an amended version on 9 October 2020. It contains supplementary regulations for UK nationals whose rights are governed by the Withdrawal Agreement.

Generally, UK nationals and their family members who had the right to free movement before Brexit and moved to Germany before 31 December 2020 will be in a very similar legal situation to the present one within Germany, in line with the Withdrawal Agreement. This applies in particular to pursuing gainful employment.

The adopted draft law can be viewed at the following links:

• http://dipbt.bundestag.de/dip21/btd/19/231/1923186.pdf
• http://dipbt.bundestag.de/dip21/btd/19/217/1921750.pdf

The current status of the legislative process can be checked here: http://dipbt.bundestag.de/extrakt/ba/WP19/2625/262543.html.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction as of 1 January 2021? Is there a difference between the EU and the UK getting a deal?

For the period after the transition period, i.e. from 1 January 2021 at the earliest, the Withdrawal Agreement contains provisions for British citizens living in an EU Member State. Among other things, they can continue to work in the EU Member State where they were working at the end of the transition period. The details of these rights are regulated by law at Member State level, which was recently passed by the German Bundestag (see point 1 above).

For UK nationals who were previously entitled to freedom of movement as EU citizens and who had exercised their right to freedom of movement by a cut-off date (end of the transitional period, presumably 31 December 2020), their legal status is primarily determined by the existing exit agreement, which as a directly applicable law does not have to be implemented in federal law and may not be repeated.

Germany uses the remaining national legislative leeway as follows:

The Free Movement of Persons Act/EU ("Freizügigkeitsgesetz/EU") now also covers the entry and residence of nationals of the United Kingdom of Great Britain and Northern Ireland who are granted rights of entry and residence under the exit agreement, as well as their family members and close relatives (so called "Alt-Briten") , § 1 (1) Nr. 3 to 5 Freizügigkeitsgesetz/EU.

The right of entry and residence in the territory of the Federal Republic of Germany provided for in Part Two, Title II, Chapter 1 of the Withdrawal Agreement may be exercised without the need for an application. This right is a right of residence within the meaning of Article 18(4) of the exit agreement (see § 16 (1) Freizügigkeitsgesetz/EU). No rights beyond those set out in the withdrawal agreement will be granted.

Those who exercise this right under § 16 (1) Freedom of Movement Act/EU or who exercise the right to reside in the territory of the Federal Republic of Germany under Article 24 (2) of the Withdrawal Agreement (also in conjunction with Article 25 (2)) shall be issued ex officio with a residence document within the meaning of art 18 (4) of the Resignation Agreement (Residence Document Act – so called "Aufenthaltsdokument-GB"). The regulatory technique that the right of residence exists without application avoids unintentional obligations to leave the country in cases where an application has not been made or processed by mistake.

UK nationals who have rights as frontier workers under Part Two, Title II, Chapter 2 of the Withdrawal Agreement are required to apply for a document (frontier worker GB residence document – so called "Aufenthaltsdokument für Grenzgänger-GB") certifying these rights, see § 16 (3) Freizügigkeitsgesetz/EU.

Concerning residence permits, for UK nationals who are not living in Germany at the end of the transitional phase the same regulations as for third country nationals apply. Generally speaking, third country nationals and therefore also UK nationals require a visa for stays in Germany.

The EU has established a common visa policy for transit through or intended stays in the territory of Schengen States of no more than 90 days in any 180-day period and for transit through the international transit areas of airports of the Schengen States. In this respect, there are no German national legal particularities.

A visa is not required for visits of up to 90 days in an 180‑day period for nationals of those countries for which the European Community has abolished the visa requirement. The common list of countries whose citizens must have a visa when crossing the external borders and a list of countries whose citizens are exempt from that requirement can be viewed at this link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018R1806.

Unless otherwise agreed in any deal, the UK is not exempted from this requirement and UK nationals do need a visa for visits of up to 90 days in an 180-day period.

The right to gainful employment for British citizens who are not living in Germany at the end of the transitional phase is governed by the residence regulations for third country nationals.

Citizens from countries that do not belong to the EU or the European Economic Area (EEA) require a residence permit to enter and remain in Germany. Access to the German labour market is determined by the regulations of the German Residence Act (AufenthG) and the ordinance on the employment of foreign nationals (Employment Ordinance - BeschV). § 18 AufenthG regulates residence for the purpose of gainful employment and requires approval from the Federal Employment Agency (BA), unless it is stipulated by law, as part of an intergovernmental agreement or the employment ordinance states that employment may be accepted without the approval of the Federal Employment Agency. So far, there is no such agreement with the UK.

3. Are there any national (temporary) transitory measures or can such measures be expected which would apply to UK citizens? In what do/would such transitory measures differ from the standard rules to obtain a work/residence permit in your jurisdiction?

Apart from the rights guaranteed under the Withdrawal Agreement, there will be no additional transitory measures (See points 1 and 2 above). UK citizens will be subject to the same general rules as third country nationals.

4. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

With the exception of the UK nationals who already live or work in Germany until 31 December 2020, British nationals will not benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals (also see points 1 to 3 above).

5. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

UK nationals do need a Schengen visa for a business trip (see point 2 above). Schengen visas (type C) can only be applied for with the external service provider Visametric. According to the German Missions in the UK, the following documents are required for a Business visa:

• Schengen visa application form with one passport size photograph
• A passport with at least two blank pages and residence permit for the UK, both valid for at least three months longer than intended return date. Please note that only passports that have been issued (not extended!) within the past 10 years can be endorsed with a visa.
• Confirmed return airline/ ferry/ train ticket (When booking a return ticket, please be aware that filing a complete application does not guarantee that a visa will be granted. It may be advisable to book a fully refundable ticket)
• A travel health insurance covering at least €30,000 and valid for all member states of Schengen
• Proof of address in UK (i.e. utility bill, bank statement, council tax bill, pension certificate
• Previous passports and visas
• For return of passport by mail please provide a Royal Mail pre-paid, self-addressed Special Delivery return envelope
• Original, recent and signed formal invitation from German business partner, confirming the kind of business relations, travel purpose, duration of business trip(s) and if applicable, a confirmation to cover travel expenses and costs of stay occurring
• Original, recent and signed employer’s letter, confirming duration of employment, business relations with German company, travel purpose, duration of business trip(s) and if applicable a guarantee to cover all travel expenses including travel health insurance. Self-employed applicants need to provide either their business bank account (last three months) or a recent accountant letter stating their yearly income as proof of employment.
• If you are financially supported by your wife/husband, i.e. you do not work yourself please also provide your marriage certificate and your spouse's bank statements
• Neither business letter photocopies/scans nor emails are accepted
• Should one go on a business trip within the same company, a separate letter from each office, UK and Germany, is still requested.

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

Ireland is in a different position to other EU countries because of long-standing special arrangements with the UK called the Common Travel Area (CTA). This is an arrangement between the UK and Ireland that gives a variety of rights to citizens of those countries. In particular, Irish and UK citizens have the right to live, travel, work and study freely within the CTA.
 
The CTA has been in place in one form or another for many years. It pre-dates Irish and UK membership of the EU and is not dependent on it. It is the intention of the UK and Irish governments that the CTA will be unaffected by Brexit. In May 2019, the Irish and UK governments signed a Memorandum of Understanding reaffirming the CTA and identifying the rights and privileges of Irish and UK citizens within the CTA. It also reaffirms the commitment to maintain the CTA following Brexit.
 
The CTA does not relate to goods or customs issues.

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

There is no plan for special legislation in respect of immigration as from 1 January 2021 for UK nationals.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction as from 1 January 2021? Is there a difference between the EU and the UK getting a deal?

From an internal point of view, Italy had previously adopted Legislative measures (art. 14, Law Decree n. 22, 25 March 2019 as amended by Law n. 41, 20 May 2019) maintaining the existing legal framework of rights in order to ensure that UK nationals who are legally resident as of the withdrawal date in Italy under EU law will have recognised the conditions and the time needed to request and obtain long-term residence status provided for Directive 2003/109/EC.

3. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

On the basis of the aforementioned legislation, the British citizen legally residing continuously in the Italian territory for at least five years as of 31 January 2020, can apply for an EU residence card for long-term residents (permanent residence permit).

If, on the other hand, the British citizen has been residing continuously in the Italian territory for less than five years as of 31 January 2020, they can apply for an ordinary Residence Permit, lasting five years, renewable upon expiry or possibly convertible into a Residence Card EU for long-term residents, if the required conditions are fulfilled.

Equal rights are afforded to the family members (non-EU citizens) of the British resident in Italy, holders of an EU Citizen Family Residence Card pursuant to Legislative Decree 30/2007 (transposing EU Directive 2004/38 / EC), who can therefore request a Residence Permit or Card.

As of 1 January 2021, the EU Citizen Family Residence Card currently held will lose validity, and the holder, in the absence of a request for the new residence permit referred to above, will have to leave the national territory. Likewise, any British citizen, who has not requested a Residence Permit or a Residence Card, will have to leave the national territory on 1 January 2021.

4. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

From 1 January 2021 the T.U. Immigration Legislative Decree 286/1998 will apply to British citizens and their family members, who are not EU citizens.

Therefore, to enter in Italy, British citizens must have a passport and visa. The visa for short stays (for example tourism) has a duration of 90 days. To perform non-seasonal employment or self-employment, the foreigner who enters in Italy legally and intends to stay for a long duration will have eight working days to request a residency permit.

Therefore, in Italy, there is no plan for special legislation in respect of immigration as from 1 January 2021 for UK nationals.

However, special conditions in favour of British citizens are contained in the second part of the Withdrawal Agreement.

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

We are currently waiting on whether there will or will not be an agreement between Spain and the UK, or between the EU and the UK, once the Withdrawal Agreement of the UK from the EU expires (from 1 January 2021 onwards).

So far, the only relevant specific regulation in this regard is an Instruction (Resolution of 2 July 2020, of the Subsecretary, publishing the Joint Instruction of the Directorate General of Migration and the Directorate General of Police, determining the procedure for issuing the residence document provided for in art. 18.4 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community) that Spain has issued in relation to art. 18.4 of the Agreement on the Withdrawal of the UK from the EU.

This article establishes the conditions and procedure for UK nationals who have a right to reside in Spain by virtue of such Agreement (during the transition period) to obtain a specific Foreigner Identity Card. That Card will grant UK nationals, after the transition period, the same rights they began to enjoy - under EU law - when it was still applicable.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction as of 1 January 2021? Is there a difference between the EU and the UK getting a deal?

Unless there is a new agreement on this matter, it is foreseeable that national Spanish immigration law will be applied from 1 January 2021. In this case, UK citizens will be treated as third country nationals who will in fact require Spanish national work and residence permits – broadly, either a specific visa or a card for being a family member of a EU citizen.

3. Are there any national (temporary) transitory measures or can such measures be expected which would apply to UK citizens? In what do/would such transitory measures differ from the standard rules to obtain a work/residence permit in your jurisdiction?

In connection to the Withdrawal Agreement of the UK from the EU, Spain has issued rules on the procedure for UK citizens to obtain a specific residence card during the transition period that is regulated by such Agreement under EU law.

This has been established by the aforementioned Resolution of 2 July 2020, of the Subsecretary, publishing the Joint Instruction of the Directorate General of Migration and the Directorate General of Police, determining the procedure for issuing the residence document provided for in art. 18.4 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

This instruction respects long and short-term residency rights provided by EU law to UK citizens, and sets the procedure to formalise them via a specific Foreigner Identity Card that will remain valid once the transition period expires.

Besides these provisions, we continue waiting for any further transitory or new definitive measures.

4. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

We are still waiting on whether there will be an agreement that will provide so. Otherwise, the current legislation will bring UK national to be treated as any other third country nationals once the transition period – which does in fact provide a specific, more advantageous regime - expires.

5. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

UK residents, as third-country nationals that will presumably not be in the list of countries that require a visa for stays shorter than three months' long (90 days), will be able to freely enter Spain for intervals of no more than three months in a reference period of 180 days.

Talmac Bel Geronés

1. Is your country putting in place special legislation in respect of immigration as of 1 January 2021 for UK nationals entering your country for work/residence?

The provisions of the Withdrawal Agreement (which entered into force on 1 February 2020) will no longer apply to the UK national entering the Netherlands after 31 December 2020. UK nationals entering the Netherlands as of 1 January 2021 will need to fulfill various conditions for the purpose of stay. These conditions are the same for those nationals from outside the EU, European Economic Area and Switzerland.

An exception to the above is the family member of the UK national entering the Netherlands as of 1 January 2021. If the UK national already lived in the Netherlands before 1 January 2021, and the relationship existed before this date, the family member may simply apply for a residence permit within three months of arrival and before 30 June 2021. There may be the need for a facilitation visa (allowing the family member to enter the Netherlands for more than three months), but this depends on the nationality of the family member.

2. Will UK nationals require a work permit/residence permit when entering your jurisdiction as of 1 January 2021? Is there a difference between the EU and the UK getting a deal?

Whether or not there is a deal between the EU and the UK, all UK nationals will require a residence permit (and work authorisation) when entering the Netherlands as of 1 January 2021. The purpose of stay, determines the type of residence that needs to be applied for. For example, if the UK enters for the purpose of work, work authorisation will be required depending on the type of work that is being undertaken. The UK national may enter the Netherlands without the required permit/authorisation, but must file an application within a three-month period after having entered the Netherlands. The UK national may only start to work after the approval has been obtained. 

3. Are there any national (temporary) transitory measures or can such measures be expected which would apply to UK citizens? In what do/would such transitory measures differ from the standard rules to obtain a work/residence permit in your jurisdiction?

Presently, there is a transition period up to and including 31 December 2020. The UK national living in the Netherlands before 31 December 2020 may continue to live and work in the Netherlands and will need to apply for a residence permit to be able to continue to live in the Netherlands after the transition period. The type of residence permit that needs to be applied for depends on the purpose of stay (e.g. self-employment, employment, study etc). The required documentation and burden of proof is less than the documentation and burden of proof for UK nationals entering the Netherlands as of 1 January 2021.

4. Will UK nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa in comparison to other third country nationals?

No

5. Would a business trip scenario for UK nationals visiting your country be a solution to enter your jurisdiction without any work/residence permit or visa?

UK nationals may enter the Netherlands on their passports, a visa is not required.

If the business travel can be limited to the scope mentioned under the below waivers, no work permit is needed. The activities must also respect the limitation on duration of stay. All activities that fall outside the scope of the waivers below necessitate Dutch work authorisation prior to the commencement of the working activities.  

The following waivers are applicable:
 

• Participate in business meetings on behalf of the home country employer

This includes managers, professionals and specialists sharing procedures. Sharing procedures means exchanging information regarding business matters on an equal level (so not receiving or providing training/knowledge from the Dutch same-level party in the meeting room or elsewhere). It should not include knowledge transfer activity and training outside a meeting in a conference room, for the mutual benefit of the home country employer and the local entity.
 
Work authorization is waived for a maximum of 13 weeks in a period of 52 weeks (multiple stays are allowed).
 

• Installing or repairing equipment / software products manufactured and supplied by the home country company

This includes computer specialists, manufacturing technicians, and other UK employees travelling to the Netherlands to install or repair equipment or install and implement software products, and train others to use the equipment or the software products, provided that the equipment and the software is manufactured and supplied by the home country company of the employee.
 
The activities may be performed at a client site and may be performed behind a computer. Employees travelling to the Netherlands to engage in these activities must be able to document exactly what equipment or software they will be installing, and what service or training they will provide as an accessory to the installation.
Work authorisation is waived for maximum 12 consecutive weeks in a period of 36 weeks (single entry, multiple stays not allowed).
 

• Receiving training in the Netherlands on equipment / software products manufactured and supplied by the Dutch entity  

 
This includes employees already employed by the company group, travelling to the Netherlands to receive training on equipment or (software) products manufactured in the Netherlands. The waiver also covers employees travelling to the Netherlands for the purpose of familiarizing themselves with the Dutch corporate culture.
 
Employees must be able to document their training plan and the necessity of undertaking the training specifically in the Netherlands.
 
Work authorization is waived for maximum of 12 consecutive weeks in a period of 36 weeks (single entry, multiple stays not allowed).
 

1. Is the UK putting in place special legislation in respect of immigration as of 1 January 2021 for EEA nationals entering your country for work/residence

The Immigration and Social Security Co-ordination (EU Withdrawal) Bill is currently before Parliament in its third reading as of 12 October 2020. The bill will end the EU’s rules on free movement of persons, which are retained in UK law by the EU (Withdrawal) Act 2018, as amended by the EU (Withdrawal Agreement) Act 2020, and will make citizens from the EU, the EEA EFTA states of Iceland, Norway and Liechtenstein, and from Switzerland (referred to collectively here as “EEA citizens”), and their family members, subject to UK immigration controls. This means they will require permission to enter and remain in the UK for example, to work or study. 

This means EEA citizens will require permission to enter and remain in the UK under the Immigration Act 1971. The Bill also repeals associated legislation such as section 109 of the Nationality, Immigration and Asylum Act 2002 which provides a right of appeal for EEA and Swiss nationals and their family members against an immigration decision relating to free movement, this is to reflect the position that free movement will have ended.

The Bill paves the way for the future points-based immigration system to be delivered.  The details of the future immigration system, such as the requirements needed to come to the UK as a worker, student or family member, will be set out in the Immigration Rules as they are now for non-EEA citizens. These rules will be based on the policies set out in the government’s policy statement the UK’s points-based immigration system published on 19 February 2020 and 4 August 2020.  The implementation of the points-based system will be phased, with further details published in due course.

2. Will EEA nationals require a work permit/residence permit when entering your jurisdiction as of 1 January 2021?

The EUSS is a transitory measure and the deadline to apply is 30 June 2021.  The process involves completing an online form and providing evidence of identity (a passport or national identity card) and residence in the UK (unless the applicant has a valid permanent residence document, or valid indefinite leave to remain in or enter the UK).

For those who do not qualify for the EUSS, the requirements will depend on the type of visa applied for.

3. Will EEA nationals benefit from any specific/more advantageous regime to obtain a work/residence permit or visa?

The 19 February 2020 policy statement confirms that from 1 January 2021, EEA and non-EEA citizens will be treated equally. EEA citizens will be subject to the same set of immigration routes and non-EEA citizens.

It remains to be seen if specific arrangements including more a more advantageous immigration regime will be made with other countries around the world.

4. Would a business trip scenario for EEA nationals visiting the UK be a solution to enter your jurisdiction without any work/residence permit or visa?

From 1 January 2021, those who do not qualify for the EUSS will be considered non-visa nationals. This means that EEA citizens do not need a visa to come to the UK for a period of less than six months unless it is a requirement of the immigration category under which they are entering. EEA citizens can therefore visit the UK for a business trip provided they can demonstrate that they are entering the UK as a genuine visitor for the purpose of carrying out business activities. However, please note that a visa is required prior to entry in order to be able to work in the UK. 

A visitor is restricted to the types of business activities that they can carry out whilst in the UK. Visitors are not able to undertake productive work and the category cannot be used to circumvent the work visa requirements.  A visitor must not be filling a role or providing short term temporary cover for a role within a UK based organisation.

The length of a visit is not determinative of whether a work visa is required – UK Visas and Immigration (UKVI) will look to the substance of the trip and the type of activity to be carried out during their stay in the UK to determine if the individual is genuinely visiting and is not working. UKVI will also consider previous trips to the UK and refuse an application/entry if the visitor has spent more time in the UK than their home in the last twelve months. UKVI also has discretion to refuse an application or entry at the UK border if the applicant's exclusion from the UK is conducive to the public good, for example, the applicant's conduct (including convictions), character, associations, or other reasons, make it undesirable to grant the application/entry.

The Immigration Rules dictate that any person who visits the UK for business purposes must:

1. leave the UK at the end of their visit;
2. not live in the UK for extended periods through frequent or successive visits, or make the UK their main home;
3. be genuinely seeking entry for a purpose that is permitted by the visitor routes;
4. have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey (this is usually demonstrated by return flight evidence), any costs relating to dependants, and the cost of planned activities such as private medical treatment;
5. not intend to work in the UK, which includes taking employment in the UK; doing work for an organisation or business in the UK; establishing or running a business as a self-employed person; doing a work placement or internship; direct selling to the public; providing goods and services; and
6. the person must only undertake "permitted activities" and the permitted activities must not amount to the applicant taking employment, or doing work which amounts to them filling a role or providing short-term cover for a role within a UK based organisation.  In addition, where the applicant is already paid and employed outside of the UK, they must remain so. Payment may only be allowed in specific circumstances.

The business visitor immigration route is complex.  Please request a copy of our business visitor fact sheet if you would like one, which sets out what permitted activities are. We suggest that anyone seeking to enter the UK as a business visitor obtains legal advice before travelling.

If a business visitor steps outside of the list of permitted activities and performs productive work, this could constitute illegal working in the UK. Currently, the fine for employing an illegal worker is £20,000 for each illegal worker. A criminal conviction is attached to anyone who knowingly employs an illegal worker. A worker convicted of this offence faces a custodial sentence and/or a fine.