International talent is needed more than ever with the current talent crunch. Besides a lot of benefits, such as achieving company goals and diversity, it also comes with some legal obligations. We’ve attached the brochure (recognition as a sponsor) from the Immigration authorities in which a.o. the legal obligations for a recognised sponsor are listed.
As a recognized sponsor, you have the following obligations to adhere to:
- The duty to inform;
- The duty to administer; and
- The duty of care.
Not fulfilling the above obligations could result in a fine or even (worst case) in a withdrawal of the recognized sponsorship. The Dutch Immigration authorities will check whether the sponsor meets these obligations retroactively.
Duty to inform
Any changes which could influence the validity of the residence permit should be reported to the IND within 4 weeks after the change occurs. Examples of these changes are (but not limited to):
- End of employment;
- Change in start date of the employment contract;
- Assignment abroad;
- Change in salary;
- Unpaid leave (for example parental leave).
Duty to administer
In order to meet the duty to administer, the recognized sponsor needs to have the following documents on file:
- The signed employment contract indicating the gross monthly salary;
- A copy of the passport of the employee;
- A copy of the entry visa (MVV) and/or residence permit approval;
- A copy of the residence permit endorsement sticker;
- A copy of the residence permit card (front and back);
- The salary slips;
- The antecedents certificate, completed and signed by the foreign national (only if there are no antecedents);
- Documents which prove that the recognized sponsor has fulfilled the duty of care (see below).
In case the employee is not a holder of a Highly Skilled Migrant (HSM) residence permit, the above list may be different (depends on the employee’s purpose of residence in the Netherlands). The recognised sponsor must retain the documents for up to 5 years after the employment contract with the HSM has ended. The information may be kept digitally.
Duty of care
Finally, recognized sponsors have the duty to ensure a careful recruitment and selection procedure for HSM employees or other foreign nationals. In addition, they will have the obligation to inform the HSM of the conditions for admission and residence in the Netherlands.
By administering a signed copy of the attached IND brochure ‘Coming to work in the Netherlands’, you can proof that you have informed the Highly Skilled Migrant about the conditions of admission and residence in the Netherlands. To simplify this duty, our immigration partner (hillbrook) has prepared a declaration of care one pager (see attached) in which the employee declares that he/she has read and understood the contents of the IND brochure.
When we have assisted with the immigration procedure, the IND brochure ‘Coming to work in the Netherlands’ and the one pager ‘Declaration of care’ to the employees after the approval of their residence permit and ask them to provide a signed copy to the HR department. Since it is a legal obligation, we strongly advise you to administer a signed copy of the declaration or signed IND brochure of all foreign employees for who your company acts as a sponsor for the residence permits.
You’ll find some important documents with more info below:
As always, we’re here to answer any questions you may have about this.
*This article was co-writing together with Hillbrook , our immigration and tax partner.