Corporate Immigration — The Netherlands intensifies sponsor entity audits for compliance

Immigration authorities in The Netherlands increase the number of audits with registered sponsor entities

Overview

The Dutch immigration authorities are currently increasing the number of audits with registered sponsor entities, mainly focussing on the duty of care. Although not published publicly, it has been noted by Santa Fe Relocation and her partners.

Who will be affected?

Registered sponsor entities with the Dutch immigration authorities, listed under their website.

Background

As a registered sponsor entity, companies have three obligations to comply with: i.) the obligation to report information and changes, ii.) the obligation to keep records, and iii.) the duty of care.

Impact

Registered sponsor companies will have an increased chance of being contacted by the IND to plan an audit. During the audit they will review that the registered sponsor company is in compliance with the 3 obligations.

The registered sponsor company is required and will be reviewed that they have closely administered their obligations, in particular the duty of care.

This obligation includes that:

• The company must ensure a careful recruitment and selection.
• The company must have informed the highly skilled migrant or intra-corporate transferee about the conditions for admission and residence.

The careful recruitment can be proven by the show of documents and communication. This should be kept in file until five years from the end of the sponsorship (duty to keep records).

Informing the highly skilled migrant, intra-corporate transferee about the conditions should be done through sharing the applicable and up to date brochure of the IND and retrieving confirmation of the employee/assignee that they have read and understood the brochure.

Relevant articles regarding duty of care

Article 1.4 if the Aliens Regulations) Voorschrift Vreemdelingen 2000
Article 1.16 of the Aliens Decree (Vreemdelingenbesluit) 2000

Implementation date

Not applicable.

Santa Fe recommendation

We recommend contacting your immigration consultant in the Netherlands.

Contact us

For any inquiries or further clarification, you are welcome to reach out to the designated contacts below:

Diana van der Horst
Senior Immigration Consultant, BeNeLux
Santa Fe Relocation
Alphen aan den Rijn
+31 (0) 172 44 7975
NLimmigration@santaferelo.com

Peter Mihyo
Immigration Consultant, Netherlands
Santa Fe Relocation
Alphen aan den Rijn
+31 (0) 172 44 79 78
NLimmigration@santaferelo.com

Anique Borchert
Immigration Manager, BeNeLux
Santa Fe Relocation
Amsterdam, the Netherlands
+31 172 447971
+31 (0) 6 3089 4331
anique.borchert@santaferelo.com

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