Corporate Immigration — Netherlands update on duty of administration for Recognised Sponsor companies.
Santa Fe publication date
13 March 2024
Overview
Per 1 April 2024 the employers of Highly Skilled Migrants who are hired under the reduced salary criterion, will need to complement their administration. The employer must be able to prove the eligibility of the employee to the reduced salary criterion after their admission.
Who will be affected?
This will affect all recognised sponsors that have employed Highly Skilled Migrants under the reduced salary criterion.
Background
We have published before about the IND having intensified their inspections at the offices of recognised sponsors. It is a consequence of their findings during past inspections and their attempt to have the administration of recognised sponsors full and complete. The announcement was made by the Dutch government through “Staatscourant 2024, 5679”.
Impact
To assure compliancy during the IND inspections at the offices of the recognised sponsors, the employer must ensure their administration is kept up to date. Where the law stated before:
“wage specifications and, if applicable, a copy of the diploma showing that, after admission, the foreigner meets the wage criterion referred to in Article 2.1, first paragraph, part a, subsection 2, of the Decree on the Implementation of the Aliens Employment Act 2022, or”
Will be changed to:
“wage specifications showing that the alien, after admission, meets the wage criterion referred to in Article 2.1, first paragraph, part a, subsection 2, of the Decree on the Implementation of the Aliens Employment Act 2022 and supporting documents showing that the alien meets the conditions for a regular residence permit for a fixed period under the restriction ‘seeking and performing work, whether as an employee or not’, referred to in Article 3.42 of the Decree; or”
The evidence that will be required to keep in the personnel records for this reduced salary criterion, as referred to in the first paragraph, part b, subpart 2, is:
- copy of the diploma, certificate, or statement on which date all conditions for obtaining a diploma or certificate have been met;
- if applicable, at least two copies showing that the foreign institution at which the foreigner has completed a master’s degree program or a postdoctoral program or obtained a doctorate degree has been designated as referred to in Article 3.23;
- if applicable, a test report, diploma, certificate or other document showing that the foreigner has the minimum knowledge level of the English or Dutch language, as referred to in art. 3.42, first paragraph, under e of the Decree; and
- if applicable, a written International Credential Evaluation.
Date of implementation
1 April 2024
Santa Fe recommendation
The documents which you are required to keep, are case-depending and warrant further assessment. Would you like to receive further information as to which documents are applicable in the situation of your Highly Skilled Migrant who is hired under the reduced salary criterion, do not hesitate to reach out to our team.
Contact us
Please get in touch with us for further information or clarification:
Diana van der Horst
Senior Immigration Consultant, BeNeLux
Santa Fe Relocation
NLimmigration@santaferelo.com
Anique Borchert
Manager Immigration, BeNeLux
Santa Fe Relocation
anique.borchert@santaferelo.com
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