Netherlands | Immigration | Additional legal administrative requirements for recognised sponsors

Immigration

Netherlands |  Additional legal administrative requirements for recognised sponsors

From 1 April 2024, recognised sponsor companies in the Netherlands will be required to keep additional records for employees that they sponsor based on the reduced salary threshold for Highly Skilled Migrants. This is following an update in legislation, whereby documents that were already required in practice have now been added to documents formally subject to the administration duty for recognised sponsors.

Recognised sponsors who want to hire Highly Skilled Migrants (kennismigranten) in the Netherlands need to comply with the following three duties: (1) the duty to provide information, (2) the duty of care, and (3) the duty to keep and retain records (i.e. administration duty). In the light of the administration duty, an additional legal requirement has now been introduced by the Dutch authorities. This new requirement will enable the Dutch authorities to verify that recognised sponsors have correctly applied for Highly Skilled Migrant permits under the reduced salary threshold (verlaagd salariscriterium).

More specifically, from 1 April 2024, recognised sponsors will be legally required to keep the following additional documents in the administration to fulfil this obligation:

• A copy of the diploma or degree certificate including name of the institute and date of graduation;
• If applicable, the printouts of at least two global rankings confirming the education institute (e.g. Times Higher Education, Quacquarelli Symonds, or ShanghaiRanking Consultancy);
• If applicable, a copy of the credential diploma evaluation issued by Nuffic (Diplomawaardering); and
• If applicable, a copy of a document confirming the language English or Dutch language skills (e.g.  an at least 6.0 test result of the International English Language Testing System (IELTS), Master Degree or Ph.D. in English or Dutch).

In some cases, (partial) exemption of the above-mentioned list can be applicable if the Highly Skilled Migrant previously held a residence permit on the basis of study, orientation year (zoekjaar), or researcher (EU Directive 2016/801).

Before this change, the Dutch authorities requested this documentation as evidence at the time of submission of applications where the lower salary threshold was applicable. However, from 1 April 2024 employers will also have the duty to keep this documentation in their personnel records for at least 5 years after the Highly Skilled Migrant left the recognised sponsor. Non-compliance with this duty can lead to penalties and fines from the Dutch authorities.

While recognised sponsor companies were already subject to the duty to keep certain documents in their records, this duty will now be broadened for a specific category of employees. It is therefore advisable to review whether current internal company processes are in line with this more stringent duty. This is also in light of increased enforcement of recognised sponsor duties by the Dutch authorities.

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Hugo Vijge
Director

Nini Braken-Zheng
Senior Associate

Further information on Vialto Partners can be found on our website: www.vialtopartners.com

For additional alerts, please visit: www.vialtopartners.com/regional-alerts

Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

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Further information on Vialto Partners can be found here: www.vialtopartners.com

Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

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