)
What are your Duties and Responsibilities as a Business Sponsor in the Netherlands?
Expanding your business in the Netherlands with international talent? The first thing you need is a Recognized Sponsorship status granted by the Dutch Immigration Authorities (IND). Once you have attained this status, you have certain legal obligations and responsibilities. In this article, we’re diving deeper into what you need to remember as a business sponsor in the Netherlands.
These are the three main Recognized Sponsorship conditions that we will dive deeper into:
1. Obligation to provide information
2. Obligation to keep and retain records
3. Duty of care: Return of the foreign national
What Information Are You Obliged to Provide?
All relevant changes concerning the conditions of residency need to be reported (ie. Departure of a foreign national, change of employer, change of start dates);
All relevant changes concerning the conditions of Recognized Sponsorship needs to be reported;
If a statuary obligation cannot be met, this needs to be reported as well (e.g. if the administration has been destroyed by fire)
Since April 2024, Recognized Sponsors must keep extra records. Discover which ones here.
Relevant information needs to be reported within 28 days after the event, in case of a change of address of the administration, within 14 days. The obligations apply to both the sponsor and the employee.
The employee will only be addressed if the sponsor does not adhere to his obligation to provide information.
Obligation to Keep and Retain Records: Up to 5 Years
All documents relevant to the employment relationship and the right to residence need to be saved in the administration for up to five years following the year in which the sponsorship for the relevant employee has been terminated. The legal entity is obliged to make the information at the address that is known with the IND available in hard copy or digitally.
Duty of Care: Ensure the Return of Highly Skilled Migrants
A special requirement applies in cases of Highly Skilled Migrants, which entails that the employer is responsible for careful recruitment and selection of potential highly skilled employees and any intermediaries abroad.
Sponsors need to ensure the return of their employees after the sponsorship has been terminated. The former employee needs to leave the Netherlands or prolong his stay in the Netherlands for a different residence purpose.
If the former employee is still in the Netherlands within twelve months after the sponsorship has legally terminated and he/she needs to be deported by the authorities, the IND could recover the costs of deportation on the last known sponsor (so-called “administrative cost recovery”).
Highly Skilled Migrants also need to be made aware of the rights and obligations they have regarding legal residence and working rights by the recognized sponsor.
Understanding your obligations and duties as a Recognised Sponsor is crucial for both sponsors and foreign nationals seeking residency and employment in the Netherlands. By adhering to regulations and requirements, sponsors can play a vital role in facilitating the immigration process and contributing to the diverse workforce in the country.
If you fail to comply, this can have severe consequences for your organization and international workforce.
Need support in navigating legal sponsorship requirements in the Netherlands? Reach out to info@expatmanagementgroup.com for more information.
)
)