Legal obligations of recognised sponsors
MEET THE CRITERIA
DUTY TO PROVIDE INFORMATION You have a duty to report all changes that are relevant to the employee’s right of residence and all changes that are relevant to your status as a recognised sponsor to the Immigration and Naturalisation Service (IND). The IND reserves the right to request supplementary documentation and or to dismiss applications at their discretion. The IND may even cancel a Dutch residence permit during the period of validity, if the requirements are no longer met. Changes with regard to the employee All changes that affect the employee’s right of residence must be reported to the IND within 4 weeks. Such changes include (but are not limited to) the following:
- The employee no longer works for you.
- The employee no longer meets the income requirement*.
- The employee is no longer living in the Netherlands/you no longer know the employee’s address/country of residence.
- The employee will be performing different work that does not come under the rules for which the Dutch residence permit was issued.
- The employee does not have (or no longer has) lasting and sufficient means of support.
- The employee has changed his/her (home) address to a foreign address.
*For example the employee does not meet the income requirement, because he/she will work fewer hours or be on a certain type of leave.
Changes with regard to the recognised sponsor
All changes that will affect your status as a recognised sponsor must be reported to the IND within 4 weeks*. Such changes include (but are not limited to) the following:
- A new contact person.
- A change to the name under the articles of association.
- A change to the bank account number for direct debits.
- Suspension of payments to the Tax Authorities.
- A change to the company’s legal form.
- A change to the composition of the shareholders.
- Deregistration from the Dutch Chamber of Commerce.
* If the company’s address changes, the IND must be notified within 2 weeks.
All changes that will affect your status as a recognised sponsor must be reported to the IND within 4 weeks*.
DUTY TO KEEP RECORDS
You have a duty to keep records and an obligation to retain them, for up to 5 years after the sponsorship/employment has ended. Your records must include the following information about the employee:
- A copy of the employment contract.
- A copy of the passport.
- A copy of the Dutch residence permit including the work permit (if applicable).
- A copy of the antecedents certificate.
- The payslips.
DUTY OF CARE
You have a duty to ensure a careful recruitment and selection process. You must also inform the employees of the relevant regulations as well as their rights prior to, during and at the end of the employment contract. This includes (but is not limited to) the following:
- The employee may only enter the Netherlands upon collection of an entry visa (MVV), if applicable.
- The employee may, normally, only start after collection of a work permit/authorisation effective from the first date of the employment contract.
- The employee must arrange all required appointments/registrations upon arrival in the Netherlands.
- The rights of the employee to travel within the Schengen countries and stay outside the Netherlands for a limited period of time.
- The consequences of termination of the employment contract.
If you, as a recognised sponsor, do not fulfil the aforementioned obligations, the IND may impose sanctions, such as a warning or penalties.
WITHDRAWAL OF THE STATUS AS RECOGNISED SPONSOR
If you, as a recognised sponsor, do not employ a highly skilled migrant or an Intra company transferee (ICT) within 3 years from the date your company was registered as a recognised sponsor, the IND reserves the right to withdraw your status as a recognised sponsor. Therefore, please note, you must intend to employ multiple highly skilled migrants and/or ICT’s, to minimize the risk of losing the status.