You wish to work in paid employment in the Netherlands. You need a residence permit for this. What are the conditions for this residence permit? And how does the application procedure work?
Coming to work in the Netherlands
Would you like to work in the Netherlands? For a stay of over 90 days, you must apply for a residence permit unless you come from a country that belongs to the European Union, the European Economic Area or Switzerland.
In this publication you can find out:
• which types of residence permits there are;
• the conditions for the various residence permits;
• how the application procedure works;
• what rights correspond to the residence permit;
• which rules you must abide by;
• what you have to do if your situation changes;
• where you can obtain further information.
Are you self-employed and would you like to offer your services in the Netherlands? There are other conditions for this situation. See www.ind.nl for further information. Would you like to reside in the Netherlands as an au pair? There is a separate admissions procedure for au pairs. For this, please see the publication ‘Coming to the Netherlands for a cultural exchange (au pair)’ on www.ind.nl.
When is a residence permit not required?
You do not need a residence permit if you have the nationality of one of the following countries: Belgium Bulgaria Croatia Cyprus Denmark Germany Estonia Finland France
Greece Hungary Ireland Iceland Italy Latvia Liechtenstein Lithuania Luxemburg Malta Norway Austria Poland Portugal Romania Slovenia Slovakia Spain The Czech Republic United Kingdom Sweden Switzerland
1. Which residence permits are available for work?
If you have found work, your employer will apply for a residence permit for you. There are various types of residence permit. You can be admitted for regular paid work, for seasonal labour or work experience, as a highly skilled migrant, as a holder of a European blue card, as a (guest) lecturer, a trainee doctor or as a scientific researcher. Sometimes, you may apply for a range of residence permits. In this case, the employer can make a choice.
Would like to work in the Netherlands but you have not yet found an employer? If you are highly educated, you could be eligible for a residence permit for an orientation year for
highly educated persons. This residence permit allows you to stay in the Netherlands for a maximum of 1 year to seek employment as a highly skilled migrant. During the orientation year you may accept every job or internship.
Work permit and Single Permit (combined permit for residence and work)
If you want to carry out work in the Netherlands, then you will normally need to apply for a work permit or a Single Permit (combined permit for residence and work). Both applications test whether ‘essential interests of the Netherlands’ are served thereby. This means that your employer was unable to find suitable personnel in the Netherlands or elsewhere in Europe. Depending on the purpose of residence, your employer needs to apply for a
work permit or a Single Permit (combined permit for residence and work). Your employer can apply for a work permit from the Netherlands Employees Insurance Agency (UWV). This permit should be applied for with the purpose of residence being seasonal labour and for intra-company transfer. Your employer can submit the applications for the work permit and the residence permit at the same time. Your employer will need to apply for a Single Permit (combined permit for residence and work) for all other residence applications for work. These applications should be submitted to the Immigration and Naturalisation Service
(IND). The Immigration and Naturalisation Service (IND) then requests advice from the Netherlands Employees Insurance Agency (UWV). This means that your employer
does not need to submit an application to the Netherlands Employees Insurance Agency (UWV). If a residence permit is granted to you, then you will receive a Single Permit (combined permit for residence and work). This comprises a residence document and a additional document. Your employer will receive a copy of the additional
document. It is stated on the additional document for which employer and under which conditions you are permitted to work. In order to be allowed to work during the orientation year for highly educated persons, a potential employer is not required to apply for a work permit (TWV).
Your employer: non-recognised versus recognised sponsors
When applying for the residence permit, your employer will function as your sponsor. The sponsor must ensure that the employee fulfils the conditions for a residence permit. The IND will distinguish between non-recognised sponsors and recognised sponsors. If an employer has been recognised as a sponsor by the IND, the application procedure will be quicker. Would you like to work as a highly skilled migrant? Then your employer must be a recognised sponsor, unless you have the nationality of Turkey. Would you like to know
which companies are recognised as sponsors? Then check the register on www.ind.nl.
Work experience or seasonal labour
‘Work experience’ refers to gaining working experience in the Netherlands that is relevant for your training or job abroad, via a work placement. Seasonal labour, e.g. seasonal work in the agricultural sector or the hospitality industry, corresponds to a maximum period of 24 weeks. You must have spent at least the 14 weeks prior to your application outside the Netherlands.A residence permit for seasonal labour or work experience can be requested by any employer with a base in the Netherlands or who is represented in the Netherlands by
an authorised trading agent. Your organisation must be registered in the Chamber of Commerce’s trading registeras required by the Company Trade Register act 2007. The employer does not have to be a recognised sponsor.
Intra-company transfer
You are being transferred by you employer to an office in the Netherlands. This concerns key employees, trainees or specialists. The organisation must be registered in the Chamber of Commerce’s trading register as required by the Company Trade Register act 2007. The employer does not have to be a recognised sponsor.
Regular paid work
Regular paid work refers to a paid job which is not seasonal labour or work experience. A residence permit for regular labour can be requested by any employer with a base in the
Netherlands or who is represented in the Netherlands by an authorised trading agent. Your organisation must be registered in the Chamber of Commerce’s trading register as
required by the Company Trade Register act 2007. The employer does not have to be a recognised sponsor.
Highly skilled migrants, guest lecturers and trainee doctors
There are certain wage requirements for admission as a highly skilled migrant. In order to apply for a residence permit for a highly skilled migrant, (guest) lecturer or trainee doctor, the employer must be recognised by the IND as a sponsor. If you have the nationality of Turkey, a recognised sponsor not mandatory. However, the procedure will progress more quickly if it involves a recognised sponsor.
European blue card
The European blue card is intended to facilitate the residence of employees who carry out highly qualified tasks within the European Union. In this context, the national conditions for the provision of the European blue card,however, must be fulfilled. In order to be eligible for a European blue card, employees must fulfil wage and training requirements. The employer you wish to work for in the Netherlands does not have to be recognised as a sponsor. However, the procedure will progress more quickly if he is.
Scientific researchers under directive 2005/71/EC
Scientific researchers may be admitted on the basis of directive 2005/71/EC. An organisation must be recognised by the IND as a sponsor in order to use this opportunity. If you have the nationality of Turkey, a recognised sponsor not mandatory. However, the procedure will progress more quickly if it involves a recognised sponsor.
Orientation year for highly educated persons
The orientation year for highly educated persons is meant for highly educated persons who seek employment in the Netherlands as a highly skilled migrant. A residence permit
for the purpose of residency, being ‘the seeking and undertaking of work, whether in employment or not’ applies for a maximum of 1 year and must be applied for personally, without the intervention of a sponsor.
3. Which conditions must your organisation fulfil?
In order to obtain a residence permit for work in the
Netherlands, you must fulfil a range of conditions.
The conditions vary per residence permit.
General conditions
The following applies to all cases:
• You have a valid passport.
• You do not pose a risk to public order or national safety. You have not been found guilty of a criminal offence and have not been involved in war crimes, terrorism or crimes against humanity.
• You take out healthcare insurance in the Netherlands.
• You must undergo a test for tuberculosis in the Netherlands. This test must be carried out within 3 months of the residence permit being issued. If necessary, you must be treated for TB. Do you have the nationality of one of the countries listed in the appendix ‘Exemption from the obligation to undergo a tuberculosis (TB) test’? Then the TB test is not required.
Admission for seasonal labour, intra-company transfer or work experience
• You must have an employment contract with an employer
in the Netherlands.
• You need a work permit for seasonal labour and for intracompany transfer. This will be issued by the Netherlands Employees Insurance Agency. Your employer must submit
an application for a work permit at the same time he applies for a residence permit. A work permit will be issued in the event of there being ‘essential interests of the Netherlands’. This means that the employer has been unable to find suitable personnel in the Netherlands or
elsewhere in Europe. However, for intra-company transfers specific conditions apply.
• You need a Single Permit (combined permit for residence and work) for paid work or work experience. Send the application form and the requisted evidence to the IND. The Immigration and Naturalisation Service (IND) then requests advice from the Netherlands Employees Insurance Agency (UWV) if your attendence serves ‘essential interests of the Netherlands’.
• You must earn the minimum wage or a percentage thereof. For more information, see www.ind.nl.
• In the case of seasonal labour: you will be working for an uninterrupted period of a maximum of 24 weeks. Prior to this, you should have spent at least 14 weeks
(uninterrupted period) outside the Netherlands.
• In the case of work experience: you must be engaged in
education at an educational institution or be working for
a employer outside the Netherlands.
Admission for regular paid work
• You must have an employment contract with an employer in the Netherlands. Are you being transferred by an international company to a branch in the Netherlands? Then your employer must hand over a statement from the foreign (parent) company.
• You must earn the minimum wage or a percentage thereof. For more information, see www.ind.nl.
• You need a work permit for seasonal labour.
• You need a work permit for intra-company transfer.
• You need a Single Sermit (combined permit for residence
en work) for paid work or work experience.
Admission as a highly skilled migrant, (guest) lecturer or trainee doctor
• You must have an employment contract, hosting agreement or appointment decision with an employer in the Netherlands. A work permit is not required. Are you being transferred to a branch in the Netherlands? Then the (parent) company must draw up a report in the
foreign country and there must be an employer’s testimonial for the relevant centre in the Netherlands.
• You must fulfil the wage requirement set. Are you still under the age of 30? Then there is a lower wage requirement. Do you have a residence permit for a search year and have found a job as a highly skilled migrant? Then there is an extra low wage requirement. Guest lecturers and trainee doctors must earn at least 70% of the legal minimum wage. The amounts are indexed each year. For a summary, go to www.ind.nl.
Admission as a holder of a European blue card
• You must have an employment contract for a highly qualified job for at least 1 year.
• Are you being transferred to a branch in the Netherlands? Then the (parent) company must draw up a report in the foreign country and there must be an employer’s testimonial for the relevant centre in the Netherlands.
• You must fulfil the wage requirement set. The wage requirement is indexed each year. For a current summary of wage requirements, see www.ind.nl.
• You must hand over a qualification which demonstrates that you have completed a course at a higher education level that lasted at least 3 years. Foreign higher education certificates will be evaluated by Nuffic (Dutch organisation for international cooperation in higher education - see www.nuffic.nl). This evaluation should be sent with your application. Any Dutch qualifications must be proven with an authenticated copy of the diploma.
• If you will be carrying out a (regulated) profession, e.g. lawyer or doctor, you must submit sufficient evidence to show that you fulfil the legal requirements to carry out this profession.
• Over a period of 5 years, your employer may not have been subject to a fine for breaching article 2 of the Labour Act for Aliens (Wav), or for not or insufficiently deducting wage taxes or premiums for employees or national insurance.
Admission of scientific researchers under directive 2005/71/EC
• You must have a qualification from higher education that permits you entry into a doctorate programme.
• You must have been selected by a recognised research institution to carry out a research project for which a diploma is required.
• You have an employment or hosting agreement with the research institution.
• You have sufficient money to support yourself. Each month, you earn at least the minimum wage or a percentage thereof.
Admission for an orientation year for highly educated persons
You could be eligible for a residence permit for an
orientation year for highly educated persons, if within
the previous three years preceding the submission of the
application, you:
• have completed an accredited Bachelor’s or Master’s programme in the Netherlands; or
• have completed a Master’s or post-doctoral programme or have obtained a PhD at a designated international educational institution*; or
• have obtained a doctorate or have completed a post doctoral programme in the Netherlands; or
• have had a residence permit in the Netherlands for the purpose of scientific research or a residence permit for the purpose of working as a knowledge migrant to undertake scientific research; or
• have obtained a Master’s degree on the basis of an Erasmus Mundus Masters Course; or
• have completed a study in relation to the Cultural Policy Act (for more information, see: www.ind.nl); or
• have completed a study that is provided in relation to the development and cooperation policy of the Dutch Ministry of Foreign Affairs (for more information, see: www.ind.nl); or
• have completed a higher education programme designated by ministerial order.
A designated international educational institution is listed
in the top 200 of one of the general ranking lists or in the
top 200 of one of the available ranking lists by faculty or by
subject field of the:
• Times Higher Education World University Rankings
• QS World University Rankings
• Academic Ranking of World universities
Immigration and Naturalisation Service | Coming to work in the Netherlands 6
3. Which documents do you need?
Before your employer submits an application for a residence permit, the necessary documents and paperwork must have been collated. Foreign documents must have been legalised and translated too. Bear in mind that this can take some
time. It also costs money.
Which documents and evidence are required depends on the purpose of residence. The application form for a residence permit indicates which documents and evidence
are required. This form can be found on www.ind.nl.
Examples of the necessary documents and evidence include:
• the employer’s testimonial, employment contract, the appointment decision or the hosting agreement;
• the work permit or an application for this;
• a copy of your passport;
• in the case of work experience: a work placement or work experience agreement;
• in the event of mandatory civic integration abroad: evidence that the civic integration exam has been passed;
• antecedents certificate. This indicates whether or not you have been committed of a criminal offence.
• in the event of an orientation year for highly educated persons: a copy of your qualification. If you have a foreign diploma, this must be verified by Nuffic. You must add a copy of the Nuffic verification with your submission; this verification must authenticate the level of the education and the authenticity of the foreign diploma. For more information see www.nuffic.nl.
Your employer will indicate which documents and paperwork are required. Are you applying for a an orientation year for highly educated persons? The application form for a
residence permit indicates which documents and evidence are required. This form can be found on www.ind.nl. In order to register in the Municipal Personal Records Database in the Netherlands, a legalised and translated birth certificate is required.
Would you like to bring your family to the Netherlands? Then documents that prove the family ties will also be required. Examples include passports, birth certificates and
marriage certificates.
Official means of evidence
Official foreign means of evidence must be issued and legalised by the competent authorities of the country that issued the means of evidence. The document must also be
legalised or provided with an apostille stamp by the Dutch embassy or consulate in the country concerned. If no Dutch embassy or consulate is available in that country, the
document must be legalised by the Dutch embassy or consulate responsible for that country. Official foreign means of evidence include, for example, birth certificates
and marriage certificates. Having these means of evidence legalised or provided with an apostille stamp can take a long time. You should start several months in advance of
submitting your application with having documents legalised or provided with an apostille stamp in the country of origin.
For more information about legalisation or apostille requirements for documents per country and any exceptions to these requirements, you can telephone the ‘Public Information Service’, telephone number 1400. You can also visit the website www.government.nl.
Legalisation
A document that is legal in one country is not necessarily legal in another. That is why you must have official foreign documents legalised for use in the Netherlands. This means
that the authorities that issued the document must declare that it is official. This confirms the authenticity of the signature on the document and the capacity of the signatory. The Dutch embassy or consulate then legalises the document. The embassy or the consulate then checks to ensure that the signature is genuine.
If no Dutch embassy or consulate is available in that country, the document must be legalised by the Dutch embassy or consulate responsible for that country.
Sometimes a so-called apostille stamp on the document will suffice. The Ministers of Justice or Foreign Affairs can issue this type of stamp abroad. The document does not then need to be legalised by the Dutch embassy or consulate. An apostille stamp is only an option if the document comes from a country that is affiliated to the Netherlands via the Apostille treaty. You can ask the Consular Services Centre within the Foreign Office whether the country is affiliated via the Apostille treaty. Look at www.government.nl for more information.
You can contact the local authorities yourself for legalisation or an apostille stamp.
Legalisation costs money. You must always pay these costs, even if you do not receive the document or it does not arrive on time. The amount you have to pay for legalisation varies
per country. You must ask the authorities in your country of origin about these costs. The Dutch embassy or consulate in the country of origin may also impose additional charges
(e.g. fax costs).
Translation
All of the documents that you submit with the application must be drawn up in Dutch, English, French or German. If this is not the case, you must have them translated by a
translator who has been certified by a court. Certified translators are listed in the Register of certified translators and interpreters (Rbtv). See www.bureaubtv.nl for further information. Are you having the document translated abroad? Then the translation must be legalised.
You can thus demonstrate that a certified translator has been used.
4. How does the application procedure work?
Once you have collated all of the necessary documents and evidence, you can submit your application for a residence permit. In the event of an orientation year for highly educated persons, you can do this yourself.
In many cases, you will need a special visa in order to travel to the Netherlands for a stay of over 90 days. This is called a Regular Provisional Residence Permit (mvv). The procedure
is then slightly different to a case which does not require an mvv.
Residence permit without mvv
If you do not need an mvv, your employer can submit an application for a residence permit. He is advised to do this while you are still abroad. Once the IND has indicated it will issue a residence permit, you can come to the Netherlands. Then you can be sure that you are not travelling to the Netherlands unnecessarily. The employer can also submit an application while you are in the Netherlands. The problem with this is that you do not know, at that moment, whether you will be issued with a residence permit. It can also be difficult to obtain all of the necessary documents in the Netherlands. You can submit your own application for a residence permit for an orientation year for highly educated persons in order to find a job as a highly skilled migrant. It is, however, still advisable to only travel to the Netherlands if the IND has let you know that you will be issued with a residence permit.
Access and residence
If you need an mvv, the employer must submit an application for a residence permit. This is the ‘Access to Residence’ procedure. The employer will let you know if you will be issued with an mvv. You can then collect the mvv within 3 months from the Dutch embassy or consulate. You then have 90 days to travel to the Netherlands. Upon arrival in the Netherlands, you can collect your residence permit within two weeks. Your employer will tell you where and when you can collect your residence permit.
If you are submitting an application for an orientation year for highly educated persons, you can submit the applications for the mvv and the residence permit in one go.
Please note! Would you like to come to the Netherlands with a familymember or relative? If they would like to travel with you to the Netherlands, it is handy if your employer submits their application at the same time as yours. See the publication ‘Enabling a family-member
or relative to come to the Netherlands’ on www.ind.nl. In the appendix, you can find a detailed summary of all steps in the procedure and the parties that are involved.
The cost of the procedure
Applying for an mvv and a residence permit costs money. These costs are referred to as ‘fees’. The fees must be paid when submitting the application. If you do not pay the fees, the IND will not process your application. You will not be refunded your money if the application is turned down. There is a summary of fees on www.ind.nl.
Duration of the procedure
• Is your employer a recognised sponsor? If the application is complete, the IND will usually decide within 2 weeks. If a work permit or a Single Permit (combined permit for residence en work) is required, the IND will need about 7 weeks.
• Is your employer a non-recognised sponsor? Then the IND will decide within 90 days. Your employer will receive a letter explaining the IND’s decision. The IND may well also require further details in order to make its decision. Your employer will then receive a letter about this.
• Are you applying for an orientation year for highly educated persons? Then you will receive a message about the decision. If the application is complete, the IND will usually decide within 2 weeks. The procedure can last up to a maximum of 90 days. If the application is granted, you will be issued with an mvv and/or residence permit. From that moment, you can work for your employer. If the application is rejected, the letter will provide details of why. If your employer is not in agreement with the IND’s decision, he can submit an appeal. Details of how to proceed with this are given in the letter.
5. What rights correspond to the residence permit?
Here you can find the rights that correspond to a residence permit for regular paid work, seasonal labour or work experience, as a highly skilled migrant, (guest) lecturer or
trainee doctor, a holder of a European blue card or scientific researcher under directive 2005/71/EC. The rights that arise as a result of the residence permit for a jobseeking year are set out separately. If you have a Single Permit (combined permit for residence en work) it is stated on the additional document for which employer and under which conditions
you are permitted to work.
Validity
The residence permit or the Single Permit (combined permit for residence and work) entitles you to reside in the Netherlands for the duration of the employment contract or the appointment. If a work permit is issued, the residence permit is valid for the same period as the work permit. The period of validity of a Single Permit (combined permit for residence and work) is in accordance with the advice of the Netherlands Employees Insurance Agency. The Single Permit (combined permit for residence and work) for work experience can last for up to one year. The residence permit or the Single Permit (combined permit for residence and work) remains valid as long as you fulfil the conditions, even if you take on another role for your employer or your employer changes. The residence permit does not need to be altered in this event. If you have a work permit, your employer must apply for a new work permit. If you have a Single Permit (combined permit for residence and work),
then you must submit a new application to the IND. If your residence document is still valid, and you fulfil the conditions, you will receive a new additional document.
Family-members or relatives
You can apply for a residence permit for family-members or relatives. This is not the case if you have a residence permit for seasonal labour or work experience. You function as the
sponsor for the family-member or relative. This is not necessary if you have Turkish nationality. The employer functions, in all cases, as the sponsor for you. For the conditions, see the publication ‘Bringing a familymember or relative to the Netherlands’. Do you need a Single Permit (combined permit for residence and work) or work permit to work in the Netherlands? Then family-members or relatives need a permit to work. If you do not need a work permit or Single Permit (combined permit for residence and work), family-members or relatives do not require a permit to work.
Your rights during an orientation year for highly educated persons
A residence permit for a job-seeking year in order to find a job as a highly skilled migrant, (guest) lecturer or trainee doctor, enables you to remain in the Netherlands for 1 year.
The permit is issued once for a maximum period of 1 year. The residence permit can only be granted again if you apply for an orientation year for highly educated persons on the grounds of completing another training or the undertaking of other research. During the orientation year you may work without a work permit. If you want family-members and
relatives to stay with you, you could apply for a residence permit for them. Then all conditions have to be complied with.
Please note! If you apply for benefits in the Netherlands, this could
impact upon the residence permit. It could be withdrawn. The IND can
also withdraw or refuse to extend the residence permit if you have to
undergo the civic integration process and fail to pass your civic
integration exam within 3 years. For more information about civic
integration in the Netherlands, see www.inburgeren.nl.
6. Which rules must you abide by?
If your employer applies for a residence permit, he functions as your sponsor. The sponsor is responsible for ensuring that you stay in the Netherlands on a legal basis. The employer must ensure that you fulfil the conditions for a residence permit. Not only when the application for the residence permit is made but also thereafter. Your employer must abide by the rules. That is why it is important that you are aware of the rules that apply to your employer. You also have your own responsibilities.
The employer’s obligations
Information obligation
Your employer must notify the IND of any changes that could impact upon the employee’s right to reside. For example:
• if the employee no longer fulfils the wage requirement;
• if the contract has been terminated;
• if you obtain another position;
• if you go back to your country of origin;
• if he is no longer able to monitor you.
Administration obligation
Your employer must collate and retain relevant information about you. For example:
• the employment contract, the appointment decision or
the hosting/work placement agreement;
• the work permit or additional document;
• if an employee is being transferred, the (parent) company
must draw up a report in the foreign country and there
must be a statement from the business unit in the
Netherlands.
• for a (regulated) profession such as doctor, proof of
registration in the BIG register
• a copy of your passport.
If he is no longer functioning as your sponsor, the employer
must still retain the relevant details and documents for
5 years. The IND can request these details at any moment in
order to check whether he is fulfilling his obligations.
Duty of care for recognised sponsors of highly skilled migrants, (guest)
lecturers, trainee doctors and spiritual ministers
Are you a highly skilled migrant, (guest) lecturer or trainee doctor and is your employer a recognised sponsor? Then he has a duty of care. This means that he should have recruited
and selected you carefully. He must also inform you of the admission and residence conditions that he and you must fulfil.
Are you a spiritual minister and is your employer a recognised sponsor? Then your employer has a duty of care. Your employer must register any employee subject to the
civic integration process with the Executive Agency for Education. He must do so within 4 weeks of your residence permit being issued.
Your obligations
As an employee, you are always subject to an information obligation. You are also, therefore, obliged to pass on details of any changes to the IND. You must, in any case,
notify them if you are changing employer.
If you submit an application for a residence permit for family-members or relatives, you function as their sponsor. In this regard, you also have an information, administration
and retention obligation. See the publication ‘Allowing a family-member or relative to come to the Netherlands’ on www.ind.nl.
Your sponsor
Your employer is your sponsor until:
• you no longer work for the organisation and the employer has notified the IND;
• you have left the Netherlands and will no longer be returning and the employer has notified the IND;
• you have obtained a permanent residence permit or a residence permit for another residence purpose;
• your residence permit has been withdrawn;
• your employer can no longer function as a (recognised) sponsor;
• you have taken Dutch nationality.
7. What happens if your situation changes?
Your employer and you must notify the IND of any changes that could impact upon the residence permit. The IND will then investigate whether there is good reason to withdraw
or amend the residence permit.
Changing employer or position
The residence permit continues as long as you fulfil the conditions, even if you change employer or obtain another position. If you no longer work for the employer or change your
position, your employer must pass this information onto the IND. Have you found another job? Then you must inform the IND yourself of your new employer. You must do
so within 4 weeks. The IND will then review whether the conditions are still being fulfilled.
If you have a residence permit for regular paid work and find another job, you or your employer must apply for a new Single Permit (combined permit for residence and work) if
this is necessary.
Changes to the residence permit
Do you have a residence permit for regular paid work but fulfil the criteria for residence as a highly skilled migrant? Then your employer can submit an application to change the residence permit. The same goes if you have a residence permit as a highly skilled migrant but are carrying out regular paid work. Would you like to apply for residence for a family-member or relative in the Netherlands? Then you must submit an application to change the residence permit. Changing the residence permit costs money.
Extension
If the employment contract or appointment is extended, your employer must apply in good time for an extension to the residence permit. If applicable, he must also apply for a new Single Permit (combined permit for residence and work). A residence permit for seasonal labour or work experience will not be extended if you exceed the maximum
period of residence as a result. Do you have a residence permit for regular work, as a highly
skilled migrant, guest lecturer or trainee doctor, as a holder of a European blue card or as a scientific researcher? Then you can apply for a permanent residence permit after 5 years.
A residence permit for the orientation year for highly educated persons is valid for a maximum of 1 year and cannot be extended.
Withdrawal of the residence permit
If you and the employer no longer fulfil the conditions for the residence permit, the IND will withdraw the permit. This also applies if the employment contract is terminated, e.g. in the case of summary dismissal. In this case, you will have to leave the Netherlands unless you have other legal grounds to reside in the country. If you cannot be blamed for the dismissal, you will be given 3 months to find another job. If your employer is not abiding by the rules set by IND, orthe employer is not conducting itself as a good employer, e.g. the work and rest times are not being applied correctly or because you are receiving less than the minimum wage, you can contact the IND. The IND will, if necessary, refer you to another institution where you can take your complaint or will pass on your complaint to the Social Affairs and Employment Inspectorate.
8. What happens if you do not abide by the rules
The IND can check whether you and the employee are abiding by the rules as and when they see fit. If this is not the case, the IND may take a range of measures.
Withdrawal of the residence permit
Have you or your employer provided incorrect details on the application for a residence permit? Then the residence permit may be withdrawn. This also applies if you no longer
fulfil the conditions for residence. If the employer has broken the rules on numerous occasions, the IND could decide that the institution may no longer function as a
sponsor. In this instance, your residence permit will be withdrawn. If this was not your fault, you will be given 3 months to find another employer that can function as a sponsor.
Reporting a criminal act
The IND has a duty to report any reasonable suspicions of a criminal act. For example, if you have deliberately supplied incorrect details. The Public Prosecution Service will assess
whether your organisation will have to face criminal proceedings. If this is the case, you could be sentenced to a prison term or receive a fine. The residence permit may also
be withdrawn.
Departure from the Netherlands
If you no longer fulfil the conditions of residence, the IND will check to ensure that you leave the Netherlands. If you do not leave of your own accord, the government may deport you. The costs incurred by the government can be recuperated from your sponsor.
10. Frequently asked questions
Can my family-members or relatives also work in the Netherlands?
Your family-members or relatives can work in the Netherlands. The procedure for a Single Permit (combined permit for residence and work) is not applicable to them. The employer
in some cases needs to apply for a work permit for your family members. Whether or not the employer needs to apply for a work permit depends on you. If you have a Single Permit
(combined permit for residence and work), your familymembers will need a work permit to be able to work. The procedure for a Single Permit (combined permit for residence and work) is not applicable to them. The same applies the other way around; if you can work in the Netherlands without a work permit, e.g. because you have a residence permit as a
highly skilled migrant, your family-members can also work in the Netherlands without a work permit.
How can I check to see if my employer is a recognised sponsor?
On www.ind.nl you can consult the register of recognised sponsors.
Can I come to the Netherlands to find a job?
You can come to the Netherlands to find a job but if you wish to stay longer than 3 months, you will have to apply for a residence permit. In certain cases, you can apply for a residence permit for an orientation year for highly educated persons. You may reside in the Netherlands for 1 year in order to find a job as a highly skilled migrant. You could be eligible for a residence permit for an orientation year for highly educated persons, if within the previous three years preceding the submission of the application, you:
• have completed an accredited Bachelor’s or Master’s programme in the Netherlands; or
• have completed a Master’s or post-doctoral programme or have obtained a PhD at a designated international educational institution*; or
• have obtained a doctorate or have completed a post doctoral programme in the Netherlands; or
• have had a residence permit for the purpose of scientific research or a residence permit for the purpose of working as a knowledge migrant to undertake scientific research; or
• have obtained a Master’s degree on the basis of an Erasmus Mundus Masters Course; or
• have completed a study in relation to the Cultural Policy Act (for more information, see: www.ind.nl); or
• have completed a study that is provided in relation to the development and cooperation policy of the Dutch Ministry of Foreign Affairs (for more information, see: www.ind.nl); or
• have completed a higher education programme designated by ministerial order.
*A designated international educational institution is listed in the top 200 of one of the general ranking lists or in the top 200 of one of the available ranking lists by faculty or by
subject field of the:
• Times Higher Education World University Rankings
• QS World University Rankings
• Academic Ranking of World universities
Can I apply for an mvv myself ?
If this relates to paid work, your employer must apply for an mvv for you. You can do this yourself if you are applying for an orientation year for highly educated persons.
What advantages correspond to a residence permit for a highly skilled migrant?
Your employer does not need to apply for a work permit for you if you fulfil the wage requirement set for highly skilled migrants.
What is the advantage of a residence permit as a holder of a European blue card compared to a Dutch residence permit as a highly skilled migrant?
In addition to the options provided by having a European blue card, the Netherlands also has a national highly skilled migrant scheme which corresponds to lower wage criterion
and for which there are no educational requirements. With a European blue card, however, it is easier to becomeeligible for the status ‘long-term third country national from outside the EU’. In order to gain this status, you will usually have to have spent the 5 years directly before the moment of application legally residing in the Netherlands. There is an exception to this rule for holders of European blue cards. As a holder of a European blue card in the
Netherlands, you can apply for the status of a long-term third country national from outside the EU after just 2 years. There is an additional condition that the holder of a European blue card must have been legally residing for an uninterrupted period of 5 years within the territory of an EU member state and, directly before his residence in the Netherlands, have resided for 18 months with a blue card in another EU member state.
There is also the advantage that the family-members of a holder of a European blue card, once he has legally resided in the Netherlands for 2 years, can apply for a residence permit for continued residence. With other residence purposes, this is only the case after 3 years of legal residence in the Netherlands. The family-members must have resided for 5 uninterrupted years within the territory of an EU member state as familymembers of the holder of a blue card. The family-members must also fulfil the conditions for
residence within the context of ‘continued residence’.
What changes do you have to pass onto the IND yourself ?
You must report important changes to the IND. You must, in any case, notify them if you are changing employer.
If am being underpaid and work more hours than permitted, what can I do?
If your employer is paying you less than the minimum wage or the work/break periods are not being respected, you can contact the IND. The IND will, if necessary, refer you to
another institution where you can take your complaint or will pass on your complaint to the Social Affairs and Employment Inspectorate.
What should I do if I lose my job?
If you no longer fulfil the conditions for a residence permit, the IND will withdraw the residence permit. If you cannot be blamed for losing your job, you will be given 3 months to
find another job.
Immigration and Naturalisation Service | Coming to work in the Netherlands 15
11. More information
Do you have further questions? Then please consult your employer. He is your primary point of contact.
If you have specific questions about your admission to the Netherlands, then please contact the IND directly. There are a range of options for contacting the IND.
Internet
You can indicate the situation that applies to you on www.ind.nl. You will then be provided with the information that you need to prepare your application.
You can ask general questions on Twitter via @IND_NL. The IND responds on working days from 09:00 to 17:00 hours. Because of privacy reasons do not mention your V-number and other personal information. The IND does not respond to file-specific questions and remarks.
Letter or e-mail
General questions
Immigratie- en Naturalisatiedienst
Postbus 287
7600 AG Almelo
E-mail: klantinformatiecentrum@ind.minvenj.nl
Or use the e-mail form on www.ind.nl.
Telephone
The IND is available on 088 043 04 30 (normal charges apply). From abroad, please call +31 88 043 04 30. Do you have a question about the progress of an ongoing
application? Please have the following details to hand:
• V-number, if known
• Surname and first name (and maiden name if applicable)
• Place of birth and date of birth
• Nationality
Visit
In the Netherlands, you can also go to an IND desk. Find your closest branch on www.ind.nl.
Complaints
If you want to make a complaint about the way the IND treated you, you can use the complaint form on www.ind.nl Please complete this form, print it and send it to:
Immigratie- en Naturalisatiedienst
Postbus 10
7600 AA Almelo
If you would rather write a letter, you can also send written
correspondence to the above postal address.
For complaints you can also call +31 88 043 04 70.
Questions about legalisation?
For information about the legalisation of documents (birth certificate, marriage certificate), you can call number 1400 (Central government Information). Via internet: www.government.nl.
Data Protection Act
The Data Protection Act obliges the IND to inform you that the IND is the organisation that processes the data in your application or request. The IND does this in order to evaluate your request or application. Questions you may have about this data processing can be asked via a letter sent to the IND, Postbus 287, 7600 AG Almelo. You may also ask
for a summary of the data processed about you. On the basis of this request, you may ask for your personal data to be amended, deleted or protected.
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