NETHERLANDS: Changes to The Modern Migration Policy Act

June 24, 2013

Effective from the 1st of June 2013, the Dutch Modern Migration Policy Act, referred to as “MOMI,” has reformed the work and residence permit application process in the Netherlands.

The new Admission and Residence Procedure (TEV) for Residence Permit Applications –

The process under the old system involved two-steps:

1) A consular application in the migrant”s home country for the entry visa (the MVV); and

2) An in-country application for a long-term residence permit (the VVR).

The “MOMI” Act simplifies this process into a single step – the Admission and Residence Procedure (TEV). This process will allow the in-country IND (the Immigration and Naturalisation Service) to issue the long-term residence permit automatically as soon as the Dutch Embassy in the migrant”s home country approves the entry visa application.

The IND”s goal is to have the residence permit cards ready upon the employee’s arrival in the Netherlands or two weeks after entry.  In the meantime, processing times for issuing residence permit cards may be between 1-2 months.

If the residence permit card is not ready upon the applicant’s arrival in the Netherlands, a stamp will be placed in the applicant’s passport so that they can begin work.

Visa-Waiver Nationals –

For visa-waiver nationals who do not require an entry visa to the Netherlands, the MOMI Act allows for sponsors to submit the VVR application to the IND on the behalf of their employee, whilst the employee remains abroad.

Knowledge Migrant Residence Permit Holders –

Individuals living and working in the Netherlands  who hold Knowledge Migrant Residence Permits that are valid beyond the 1st of June will not be required to change their permits until their current residence permit expires.

However, Knowledge Migrant Residence Permit applications that had not been granted by the 1st of June may have been terminated upon the MOMI Act implementation depending on when they were made.  A fresh application would therefore need to be made.

Sponsors” Duties –

Under MOMI, only companies that are deemed ‘recognized’ sponsors by the IND will be able to employ highly skilled migrants.

Under the new legislation, sponsors have three duties: a duty to inform; an administration duty; and a duty of care.  Sanctions for noncompliance will range from a warning to EUR 4,500, or even withdrawal of recognized sponsorship.

In addition, the IND will be able to recover repatriation costs from sponsoring employers if, within a year after the sponsorship has ended, the foreign worker remains in the Netherlands illegally.

For additional information on these changes or if you have any questions, please contact us.