Employer Obligations for Recognised Sponsorship in The Netherlands

Due to the local talent crunch international talent is needed more than ever. Hiring international talent comes with a lot of challenges and can really move the needle in pushing your business forward. It also comes with a few important obligations.

As a recognised sponsor, you have the following obligations to adhere to:

• The duty to inform;
• The duty to administer;
• The duty of care;

Not fulfilling the above obligations could result in a fine or worse still, in a withdrawal of the recognised 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 the start date of the employment contract;
• Assignment abroad;
• Change in entity;
• Change in salary;
• Unpaid leave (for example parental leave).

Duty to Administer

In order to meet the duty to administer, the recognised 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 that prove that the recognised 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, recognised 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 prove 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.

As always, we’re here to answer any questions you may have about this.

This article was co-written together with Hillbrook, our immigration, and tax partner.