News - Netherlands

Netherlands - September 2013

Modern Migration Policy Act heralds faster procedures and new obligations for employers

Employers who hire employees from outside the European Union, the European Economic Area or Switzerland must possess a work permit in the name of the employee. The employee must possess a residence permit. Employees may under certain conditions qualify for a residence permit as a highly-skilled migrant. In that case a work permit is not required.

On 1 June 2013, the Modern Migration Policy Act came into effect. The following changes apply to highly-skilled migrants, amongst others:

  • A residence permit can be applied for while the highly-skilled migrant is still staying abroad.
  • Employers of highly-skilled migrants must be registered as recognized sponsors. They have access to the fast track procedure: the target deadline to assess an application for a residence permit is two weeks.
  • The charges for the application for recognition are € 5,000.
  • Employers must inform the Immigration Authorities about changes in circumstances, keep records of relevant information records and ensure careful recruitment.
  • A maximum fine of € 3,000 per violation may be imposed if these obligations are not met. The recognized sponsor status can be suspended or withdrawn in case of serious violations.

In order to prevent fines and suspension or withdrawal of the recognized sponsorship, employers must have their internal processes and records in order.

Resources

Dutch Government’s Announcement concerning the Modern Migration Policy Act

Modern Migration Policy Act (in Dutch language)

For further information or to discuss the consequences of the above, please contact Wendy Terporten on +31 10 224 6 434 at Loyens & Loeff Rotterdam.

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