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Global Mobility Insights - Herbst / Fall 2023 The legal entity is obliged to make the information at the address that is known with the IND available in hard copy or digitally. Duty of care A special requirement applies in cases of Highly Skilled Migrants, which entails that the employer is responsible for careful recruitment and selection of potential highly skilled employees and any intermediaries abroad. Sponsors need to ensure for the return of their employee after the sponsorship has been terminated. The former employee needs to actually leave the Netherlands or prolong his stay in the Netherlands for a different residence purpose. If the former employee is still in the Netherlands within twelve months after the sponsorship has been legally terminated, and he/she needs to be deported by the authorities, the IND could recover the costs of deportation on the last known sponsor (so-called "administrative cost recovery”). Highly Skilled Migrants also need to be aware of the rights and obligations they have regarding legal residence and working rights, and the recognised sponsor needs to ensure that they are aware of those rights and obligations that being a Highly Skilled Migrant brings with it. Growing number of complaints/warnings being issued by the IND towards companies which do not comply with particular duties Companies that own a sponsorship license in the Netherlands enjoy the benefit of a quicker and more lenient procedure for which no additional fee is charged by the Dutch Immigration authorities. As mentioned, the relationship is based on a trust between the enterprise and the IND. The IND does not check applications thoroughly submitted by recognised sponsors, as the verification lies with the company or the service provider. The IND focuses on compliancy checks afterwards. However, some companies which fail several times to comply with the duties and responsibilities come on a radar of the IND and are monitored more strictly. Random checks and more documents are requested by the IND in case of doubts / incompliance with certain duties. 46 convinus.com
Global Mobility Insights - Herbst / Fall 2023 In addition, prior to becoming a recognised sponsor, the IND now examines companies with a lot more care, and checks the financial solvability and continuity more often than they used to in the past. If there is the least doubt that financial numbers are insufficient to prove the financial solvability and continuity of the entity within the last 3 years, the IND will seek advice with to the RVO (Rijksdienst voor Ondernemend Nederland), the Dutch Enterprise agency. The RVO will then further examine the application, and processing times will at least increase by 6 months. It is advisable for companies to pay special attention to the following: Leave of absence or reduction in working hours Deduction from salary may lead to drop below applicable salary norm (Temporary) working and/or residing abroad Be careful of a shift of (main) residence abroad. Can lead to negative effect on Dutch residence permit (+ tax and social security) Calculation salary to meet threshold 1. Subject to strict requirements on monthly basis 2. Allowances/benefits may only be added if: mention in the contract, specified, guaranteed, fixed, paid directly to the bank account of the employee Family members of employee 1. Who is considered family? 2. Accompanying or joining later? 3. Documentation (legalised certificates) and processing times. Sanctions by the IND in case of Non-compliance If the legal sponsor does not fulfil his obligations, the IND can impose the following sanctions: A warning - The warning is valid for 24 months. If within this term the same legal obligation is violated again, the IND could impose an administrative fine. In case of a serious violation, no warning will be issued, and a possible consequence could be a withdrawal of the residence permit from the foreign national / sponsorship license. 47 convinus.com
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