COMPLIANCE CORNER – The Dutch government is increasing focus on recognised sponsorship compliance 

October 3, 2024

By: Carlijn Langeveld

The Immigration and Naturalisation Service (IND) is increasingly focussing on compliance with general immigration regulations, and in particular with recognised sponsorship obligations.

Record keeping duties

Earlier this year the IND extended the list of documents that a recognised sponsor needs to keep on file relating to their sponsored, highly-skilled, migrant employees and Blue Card holders. In addition to a copy of the employee’s valid passport and employment contract or appointment decision, the recognised sponsor also needs to keep on file the employee’s completed and signed Antecedents Certificate, proof that the applicable salary requirement is being met, and documents providing the basis of any applicability of the reduced salary criterion. The recognised sponsor also needs to be able to show how they are meeting their duty of care towards their sponsored employees.

Additionally, for Blue Card holders, proof of completion of a higher education study programme or sufficient work experience (where this is an allowable alternative) is also needed. In the medical sector, and in other regulated professions, additional document requirements may apply.

Awareness of these record-keeping duties is especially important following a recent increase in the number of onsite inspections.  During an inspection, an inspector will typically show up at the workplace of the sponsor with a list of names and types of permits they want to check, and then look for documentation of legal employment. For highly skilled migrants and Blue Card holders this may need to include the above-mentioned documents. Other document requirements may apply to holders of other types of immigration documents.

Notification requirements

The IND has also become more active in their monitoring of compliance with notification obligations, particularly in relation to the hiring and departure of employees. Although most companies are diligent in filing the required notification when they hire someone with an existing Highly Skilled Migrant permit or Blue Card, many companies are struggling with the requirement to file a notification when a holder leaves the company – often because the responsible department is not informed of such change.

Because a new employer will also have the obligation to file a notification upon making the new hire, the IND can become aware of the change of sponsor and is increasingly reaching out to the old sponsor. Although initially usually only a warning is given, repeated non-compliance can lead to administrative fines and can ultimately result in the suspension or withdrawal of recognition as a sponsor. Such suspension or withdrawal would put the legal status of all sponsored workers of the company in jeopardy.

Newland Chase can provide you with more detailed advice on the applicable requirements, can test your inspection readiness through mock audits, and can work with you further to improve your internal processes to ensure compliance with all the requirements as a (recognised) sponsor. For more information on your sponsorship duties or how Newland Chase can assist, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here.