Legislation and Policy: EU Level

The Netherlands is a member state of the EU. This means that the rights provided for in EU law are increasingly becoming the determining factor for the country’s national immigration policies. Notable examples are Directive 2004/38 (on the right of free movement); Directive 2003/86 (on family reunion for third-country nationals); Directive 2003/109 (on long-term residence for third-country nationals); Directive 2021/1883 (on highly skilled workers (European Blue Card; EBC) and Directive 2014/66 (on intra-corporate transfer). 

Legislation and Policy: National Level

On a national level, immigration law is in Acts of Parliament: the Immigration Act 2000 (Vreemdelingenwet); the Work by Foreigners Act 1995 (Wet arbeid vreemdelingen); and the Nationality Act 2003 (Rijkswet op het Nederlanderschap). All these acts have secondary legislation, made by the government: the Immigration Decree (Vreemdelingenbesluit); the Decree on the Execution of the Work by Foreigners Act (Besluit uitvoering wet arbeid vreemdelingen); and the Decree on acquisition and loss of Dutch nationality (Besluit verkrijging en verlies Nederlanderschap). Of great practical importance are the policy rules on how the competent government agencies (the Immigration and Naturalisation Service (Immigratie-en Naturalisatiedienst; IND)) and the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen; UWV) must interpret the legislation and exercise discretionary powers; the Aliens Circular (Vreemdelingencirculaire); the Executive Rules to the Work by Foreigners Act (Regeling uitvoering Wav); the Penalty Scheme for the Work by Foreigners Act (Beleidsregels boeteoplegging Wav 2025); and the Guidance to the Netherlands’ Nationality Act (Handleiding bij de toepassing van de RwN). Finally, there are treaties that provide immigration rights – eg, the Treaty of Friendship, Commerce and Navigation between the Netherlands and the USA, the Treaty of Commerce and Navigation between the Netherlands and Japan and the EEC-Turkey Association Agreement.

Government Actors

The central government agency for immigration is the IND. The agency decides on applications for residence permits, entry visas (MVVs) and recognised sponsor status, maintains the public register of recognised sponsors and is authorised to issue penalties to sponsors who violate sponsor duties. The IND is also responsible for deciding on objections against refusals of Schengen visa applications. In addition, other government agencies are involved, often in an advisory capacity, such as the Netherlands Enterprise Agency (Rijksdienst voor Ondernemend Nederland; RVO) and the UWV which advises on employability in applications in the Single Permit (GVVA) and ICT EU categories. UWV also issues work permits. The Immigration Police and IND supervise the departure of illegal migrants, and the Netherlands Labour Authority of the Ministry of Social Affairs and Employment (Arbeidsinspectie) issues penalties for illegal working. The Aliens, Identification and Human Trafficking Unit of the Police (Afdeling Vreemdelingenpolitie, Identiteit en Mensenhandel; AVIM) and the Repatriation and Departure Service (Dienst Terugkeer en Vertrek; DT&V) inspect foreign nationals entering and departing on overstay.

Structure

The country’s immigration policy distinguishes between:

• citizens and family members of the EU, EER plus Switzerland and others; and
• those entering for 90 days in a 180-day period (visitors) and those entering for over 90 days (residents).

The most notable aspects of these distinctions are as follows.

• Citizens of the EU can enter and come to live and work in the Netherlands without any (prior) immigration permission or work permit being required.
• Others require immigration permission. Visitors may require a Schengen visa and those who come for work may require a work permit. Residence may require an entry visa (MVV) and will require a residence permit.
• Residents must demonstrate they are eligible under a specific immigration category.
• For the initial five years of residency, most residents will require a sponsor, which can be – eg, an employer, university or family member, depending on their immigration category. 

The most notable changes to Dutch immigration laws are the implementation of the New EU Blue Card Directive.

Implementation of New EBC Directive

The new EBC Directive has been implemented in the Netherlands from 12 June 2024. The most notable changes are as follows.

• Applicants who have international protection status in an EU member state can be eligible for an EBC if they meet the conditions.
• IT managers and IT professionals can now qualify for an EU Blue Card on the basis of their professional work experience. The applicant must demonstrate at least three years of relevant professional work experience in the seven years prior to the application. Non-IT professionals or managers are eligible if they have at least five years of relevant work experience before filing the application.
• The minimum validity of the employment contract is reduced from 12 months to six months.
• The minimum period of residency in a member state before becoming eligible for long-term mobility is reduced from 18 months to 12 months.
• The introduction of short-term mobility: EU Blue Card holders are allowed to visit other member states to carry out certain listed activities without a work permit for a period of 90 days in 180 days (eg, participating in internal or external business meetings, concluding agreements with businesses and institutions, attending conferences and seminars, negotiating business transactions, conducting sales or marketing activities, exploring business opportunities and participation in and following a training course). To stay in the Netherlands for longer than 90 days, an EU Blue Card in the Netherlands is necessary.
• The validity of an EU Blue Card follows the duration of the contract plus three months, but in any case, will not be issued for more than five years.
• The processing time is reduced to 30 days for recognised sponsors.
• EU Blue Card holders can work as self-employed alongside their employment (this was already possible in the Netherlands prior to the publication of the new EU Blue Card Directive).
• Holders of an EU Blue Card who have used long-term mobility may qualify for long-term resident of the EU status sooner. Residency in another EU member state as a scientific researcher, student or based on a national Highly Skilled Migrant residence permit may be used to qualify for long-term resident of the EU status.
• EU long-term residents who are former holders of an EU Blue Card and have applied for residence in the Netherlands for the purpose of performing an economic activity as an employee will not be subject to a resident labour market test.
• EU long-term residents who are former EU Blue Card holders can stay outside the EU for two years rather than one year.

Permanent Residence and Turkish Citizens: Civic Integration Requirement

Since 1 January 2025, Turkish citizens who apply for a permanent residence permit must have obtained the civic integration certificate before filing. This applies to both the permanent residence permit on national grounds and permanent residence in the category “EU Long-Term Resident”. Turkish citizen nationals who can successfully rely on the standstill clause of the EU-Turkey Association Treaty will still be exempted from the civic integration requirement when they file an application for an independent residence permit in the category “non-temporary humanitarian grounds”. This concerns – eg, Turkish citizens who are in paid employment in the Netherlands or their family members.

New Standard Fine Amount for Illegal Employment

On 27 January 2025, the Minister for Social Affairs published its recast Penalty Scheme for the Work by Foreigners Act. According to the new policy rules, fines of EUR6,000 are imposed by the Netherlands Labour Authority to companies who employ foreign nationals without the necessary work permit (illegal employment). The fine amount can be mitigated or increased, dependent on the culpability of the employer and the severity of the offence. The starting point for this assessment is, however, the standard fine amount of EUR6,000, which assumes a normal degree of culpability and severity of the offence.

Tightening of HSMP-Sponsorship Through Employer on Record

In 2025, the Dutch government announced it is investigating the possibility to restrict sponsorship of HSMPs through an Employer on Record (EOR). According to preliminary information, such sponsorship would be limited to situations where the de facto employer has applied for Recognised Sponsorship status and is waiting for the decision, or where the de facto employer is deemed an innovative start-up or scale-up company which does not yet qualify for Recognised Sponsorship status.

The Netherlands has three schemes available for skilled workers. Applications under these schemes are not subject to a resident labour market test. These are: highly skilled migrant (HSMP); European Blue Card (EBC); and Intra-Company Transfer (ICT). In addition, the Single Permit scheme (GVVA) exempts certain categories of workers and certain occupations from the resident labour market test on grounds that they require a certain capacity or skills which are scarce, such as athletes, performing artists and religious workers. Foreign nationals who do not qualify under these schemes will need to be sponsored under the Single Permit scheme, but their application will be subject to a resident labour market test.

The Netherlands has two categories of permanent residence:

• EU long-term resident; and
• permanent residence on national grounds.

To be eligible for the EU long-term resident status, the applicant must:

• have been residing in the Netherlands for an uninterrupted period of five years on a valid residence permit directly prior to filing, without being away from the Netherlands for more than six consecutive months, or more than ten months in total;
• be in the possession of a residence permit for a non-temporary purpose when filing the application;
• have passed the civic integration exam;
• have sufficient and lasting income; and
• have had a residence permit for a non-temporary purpose throughout the five-year period. Student permits count for 50%. For example, if a residence permit was held for studies for four years, two years would count towards the five-year period.

To be eligible under the category of permanent residence on national grounds, the applicant must:

• have been living in the Netherlands for an uninterrupted period of five years on a valid residence permit directly prior to filing the application, without being away for any continuous period of more than six months, or more than eight months in any 12-month period;
• hold a valid residence permit for a non-temporary purpose at the time of the application for permanent residence;
• have passed the civic integration exam; and
• have sufficient and lasting income.

Residence permits in the category HSMP, EBC and Paid Employment (GVVA) are deemed residence permits for a non-temporary residence purpose and offer a pathway to permanent residence. A residence permit in the category ICT EU is classified as a residence permit for a temporary residence purpose and is not a pathway to permanent residence. Years on an ICT residence permit are not considered for permanent residence under EU LTR but are considered for permanent residence on national grounds.

Citizens of the EU, EEA and Switzerland are allowed to remain in the Netherlands and work in any capacity without any (prior) immigration permission being required. Citizens of the United States, Japan and Bolivia are eligible for a residence permit to work as self-employed if they incorporate a company, invest an amount of at least EUR4,500 and own at least 25% of the company. Citizens of Turkey are eligible for a residence permit as self-employed if they meet specific criteria, related to making sufficient profit and to protecting the Dutch labour market. Others may be eligible for a residence permit as self-employed if they score sufficient points under the points-based system for self-employed or if they qualify for a start-up visa.

Under the above-mentioned categories, applicants who are not citizens of the EU, EEA or Switzerland are not allowed to enter employment for the initial five years of residency, although they can be employed with their own company as a Director-Major Shareholder (DGA).

Visitors

Entry and stay

Citizens of the EU, EEA and Switzerland

Citizens of the EU, EEA and Switzerland are permitted to enter as a visitor for a period of three months without having to satisfy any specific conditions. They can prolong their stay if they meet certain conditions and must then register as residents in the local Population Register. 

Others

Others are subject to the conditions of the Schengen Border Code, which permits a stay of a maximum period of 90 days within any given 180-day period. “Any given” implies a “rolling” 180-day period. A visitor cannot be in the Schengen area for more than 90 days, counting back 180 days from each day of the stay. This means that only an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days. Only days in the Schengen Area with visitor status are relevant for the 90-day calculation. Days spent in a Schengen country on the basis of a residence permit or long-stay visa for that country are not included in this calculation, but days in other Schengen countries during that period (where the applicant does not hold a residence permit or long-stay visa) are included. The EC has developed a “Schengen Calculator” tool enabling visitors to calculate their remaining visitor days in Schengen, available for the public at the official website of the European Union. Visitors can be permitted to extend their visitor stay up to another 90 days if there are weighty personal or business reasons; however, this additional stay is limited to the territory of the Netherlands. In addition, the Netherlands has bilateral agreements with certain countries, permitting citizens of those countries a visitor stay of three months. This permits a visitor who has used Schengen days in other Schengen countries to remain in the Netherlands for a full three months. 

Work

Permitted activities as a business visitor

Citizens of the EU, EEA and Switzerland are permitted to carry out any type of work without a work permit or other authorisation being required.

• Others will need a work permit, unless the work they will be carrying out is exempt from this requirement. The following are only the most notable activities, common to general business visitors outside specific categories such as international transport, sports and entertainment, military, education and sciences.
• Business meetings (maximum 13 weeks in 52 weeks; multiple entry) – business visitors are permitted to conduct or attend business meetings. Typically, this will be meetings and discussions regarding the company and its development. Productive activities in the context of the company’s business activities are never considered business meetings.
• Hardware/software (maximum 12 weeks in 36 weeks; single entry) – business visitors are permitted to assemble or repair equipment, machines or devices that were delivered by their home country employer, or to give instructions on how to operate them. Further, business visitors are permitted to install, implement or adjust software that was delivered by their home country employer or to give instructions on how to operate it.
• Exhibition or stand (maximum 12 weeks in 36 weeks; single entry) – business visitors are permitted to prepare, decorate, build or dismantle an exhibition or stand on behalf of a foreign principal.
• Receiving training or instructions (maximum 12 weeks in 36 weeks; single entry) – business visitors are permitted to receive training or to receive operational instructions regarding goods that were manufactured in the Netherlands or services that will be performed in the Netherlands. Training and receiving instructions must be limited to observation, getting accustomed to company culture and receiving instructions in a classroom or in a similar setting that is clearly for instructional purposes (and not for productive work) and under guidance of an instructor/teacher. It must be clear from the setting of the training that it is training and not a group of employees carrying out productive work. This means that the training should not take place at the work floor. Attending meetings for the enhancement of the company culture is also included in this waiver. Please note that the waiver only covers being a recipient of training. It does not cover being a conductor/trainer. Those activities require a work permit.
• Intra EU service provision (notification required).
• ICT permit holder (ICT mobility) – business visitors who are legally residing in another EU member state on a residence permit as an intra-company transferee, issued under Directive 2014/66, are allowed to visit and work at a company in the Netherlands that is a subsidiary of their employer’s group of undertakings, provided the work is properly notified to UWV.
• Visitors under the International Trade Regulation – business visitors are allowed to work on a project that is admitted to the International Trade Regulation. A project may be admitted to the International Trade Regulation Scheme if there is a product or services delivery contract between a company based in the Netherlands and a company or independent contractor based outside the Netherlands, provided that it is necessary for non-EU workers to carry out work. Upon admission to the International Trade Regulation, visitors employed by the foreign-based company or independent contractor can commence work, provided that the work is properly notified with UWV.

In addition, citizens of the UK are permitted to carry out certain activities listed in the EU-UK Trade Agreement.

Visitors who are not subject to a visa-waiver agreement between the EU and a non-EU country, must secure a Schengen visa before travelling to the Netherlands. Visitors who are subject to a visa-waiver agreement are exempt from this requirement. Visa-exempt visitors must, however, anticipate that they will be required to have an ETIAS travel authorisation to enter the Netherlands. ETIAS operations are expected to start in the last quarter of 2026.

The Netherlands’ immigration laws do not contain special rules applying to remote working from the Netherlands, for an employer abroad. Sponsored workers are generally permitted to work from home. If a migrant worker is sponsored under the Single Permit-category, the worker’s home address must be stated on the Single Permit as the place of work. 

Applicants who are subject to the Civic Integration Programme need to pass the Civic Integration Test. Applicants, subject to the Civic Integration Programme, who need an entry visa (MVV), need to pass the Civic Integration Test Abroad as a prerequisite, before filing their visa application. The exam is facilitated by the Dutch embassy or consulate covering the applicant’s country of origin or main residence. Applicants who are subject to the Civic Integration Programme who do not need an entry visa need to complete an integration programme within three years from arrival. All foreign nationals applying for permanent residency who are not EU, EER or Swiss need to pass a Civic Integration Test. Further, all foreign nationals applying for Dutch citizenship need to pass a Civic Integration test, regardless of their citizenship. Applicants who are not able to take the test (eg, due to medical circumstances) can sometimes be exempt from having to take the test.

The Netherlands does not have requirements for medical certificates or vaccinations for immigration purposes, but when arriving in the Netherlands after their first admission, applicants for a residence permit must undergo a TB test, unless they are from a country that is listed as exempt.

The employer-sponsored categories have a salary threshold. These are the thresholds for 2025 (exclusive of holiday allowance).

HSMP

• 30 years or older – EUR5.688 gross per month;
• 29 years or younger – EUR4,171 gross per month; and
• Graduate scheme – EUR2,989 gross per month.

Moreover, the salary must be in accordance with Dutch market levels.

These salary thresholds are amended on 1 January of each year.

EBC

• EUR5,688 gross per month;
• EUR4,551 gross per month if the applicant graduated within three years before filing the application.

This salary threshold is amended on 1 January of each year.

EBC applicants must have a diploma of post-secondary education (eg, Bachelor’s or Master’s) which was obtained after an education programme of at least three years, and which is positively evaluated by IDW. A degree is not required if the applicant has at least five years of relevant professional work experience. If the applicant is an IT manager or IT specialist, the individual is eligible if they have at least three years’ relevant professional experience, which must be accumulated over the seven years directly prior to filing the application.

GVVA

A market level salary (the statutory minimum wage is EUR2,191.80 gross per month, exclusive 8% holiday allowance).

This salary threshold is amended on 1 January and 1 July of each year.

ICT

A market-level salary. Salaries meeting the HSMP age-based thresholds, inclusive of 8% holiday allowance, are considered market level:

• 30 years or older – EUR6,144 gross per month;
• 29 years or younger – EUR4,505 gross per month.

Intra-corporate transfers can qualify for the residence permit as a “manager”, “specialist” or “trainee”. To qualify as a “trainee”, a Master’s degree is required.

Applications filed under the HSMP, EBC and ICT schemes are not subject to a resident labour market test. Applications that are filed in the Single Permit category are subject to a resident labour market. Certain occupations are exempt from the resident labour market test; they require a certain capacity or skills which are scarce, such as athletes, performing artists and religious workers. As to quota restrictions for employing migrant workers: only in the category of “MBO-interns” is the number of sponsored interns not allowed to exceed 10% of the sponsor’s labour force (with a minimum of two).

The EU ICT and EBC schemes require the sponsor’s undertaking to be economically active in the Netherlands. Sponsors which have Recognised Sponsorship status must declare that they are economically active in the Netherlands. Non-Recognised Sponsors must prove that their undertaking is economically active in the Netherlands by submitting:

• a certificate of registration with the Chamber of Commerce (Kamer van Koophandel);
• proof of its own address where the economic activities are carried out. For example, lease contract or purchase deed. A PO Box is not proof of own address;
• declaration of payment activity as described in Article 1 of the Leidraad Invordering 2008. This declaration is no older than three months on the date of application; and
• a payroll summary showing that at least one employee is already employed full-time by the company before the migrant worker comes to the Netherlands. The employees’ personal details and information must be made illegible.

For the HSMP, there are no requirements for the size/structure/turnover of the Recognised Sponsor. However, organisations wishing to obtain Recognised Sponsorship status must demonstrate to the IND that their continuity and solvency are sufficiently guaranteed.

In the Netherlands, employment-based residence permits which are sponsored by an employer will normally limit the permit holder to work for that specific employer. After five years, the individual can be eligible for an employment-based residence permit allowing work without restrictions, for any employer; however, the residence permit will still require an employer to sponsor the permit holder.

Applicants are required to complete a self-statement (“antecedents’ certificate”) form, which is issued in a standard template by the IND. On the form, the applicant is asked to confirm any relevant (criminal) antecedents.

Irrevocable criminal convictions are grounds to refuse any residence permit for first admission if they concern a sanction for a criminal offence that is qualified as a crime under Dutch law, unless the applicable statute of limitation term has expired, and the applicant has not received a sanction for committing another crime.

Sanctions can be imprisonment, a custodial measure, community service, a fine/unconditional payment of a fee, acceptance of an out-of-court settlement, or a penalty order imposed by the public prosecution service.

Further, applications can be refused if the applicant is suspected of committing any act referred to in Article 1F of the 1951 Convention on the Status of Refugees (eg, a crime against peace, a war crime, a crime against humanity, a serious non-political crime (for example murder or terrorism), or act contrary to the purposes and principles of the United Nationals (for example: terrorist acts)).

Not completing the antecedent’s certificate truthfully or failing to report relevant criminal antecedents is a ground for refusal of the residence permit application and a criminal offence which can be prosecuted by the Dutch Public Prosecution Service.

Applicants under an employer-based category must meet the applicable minimum threshold (see 3.3 Sponsor Requirements). Recognised Sponsors are allowed to declare that the applicant meets the applicable requirements. A Non-Recognised Sponsor must demonstrate that the applicant meets the eligibility conditions. 

Recognised Sponsors can file the application for a long-term resident (longer than 90 days) online with the IND. Others must file a paper application. For visitors (up to 90 days), a work permit application must be filed online with UWV by the employer hosting the work in the Netherlands. 

The statutory processing times for immigration applications are as follows:

• applications for a residence card for (a family member of) citizens of the EU, EER and Switzerland – six months;
• applications for a residence permit for non-EU/EER/Swiss citizens – 90 days;
• applications for a permanent residence permit as EU Long-Term Resident – six months; and
• applications for a permanent residence permit on national grounds – 90 days.

Applications sponsored by a recognised sponsor are normally processed in two weeks, except for applications under the EBC scheme (30 days).

Applicants who require an entry visa (MVV) are, in principle, prohibited from entering the country while their application is being processed; however, they are allowed to enter for a short stay, provided it is clear from the purpose and duration of their visit that this is not meant to circumvent the entry clearance requirement. Applicants are allowed to enter and leave while their application is being processed but may need a return visa to be able to re-enter the Netherlands after having travelled abroad when applying for extension of their residence permits. For applicants living in conflict areas the IND has shown flexibility. Russian and Ukrainian nationals residing in Russia and Ukraine respectively, for example, can be waived from the entry visa clearance requirement or are allowed to collect their entry clearance visa in a country other than Russia or Ukraine.

The statutory processing times for immigration applications are as follows:

• applications for a residence card for (a family member of) citizens of the EU, EER and Switzerland – six months;
• applications for a residence permit for non-EU/EER/Swiss citizens – 90 days;
• applications for a permanent residence permit as EU Long-Term Resident – six months; and
• applications for a permanent residence permit on national grounds – 90 days.

Applications sponsored by a recognised sponsor are normally processed in two weeks, except for applications under the EBC scheme (30 days).

Applicants who require an entry visa (MVV) are, in principle, prohibited to enter the country while their application is being processed; however, they are allowed to enter for a short stay, provided it is clear from the purpose and duration of their visit that this is not meant to circumvent the entry clearance requirement. Applicants are allowed to enter and leave while their application is being processed but may need a return visa to be able to re-enter the Netherlands after having travelled abroad.

The Netherlands does not have premium processing or other formal procedures to expedite an application. Sponsors who hold recognised sponsor status benefit from an expedited turnaround time for their applications (two weeks rather than the statutory 90 days).

When arriving in the Netherlands, the applicant will need to complete the following post-arrival formalities:

• visiting an IND service centre to provide biometrics (unless biometrics were taken at an embassy or consulate for printing an entry visa (MVV));
• visiting an IND service centre to collect a biometric residence card;
• visiting the registry of the municipality where they will be living, for the purpose of being registered as a resident in the Population Register; and
• visiting a local Health Centre to undergo a TB test unless the applicant is exempt from this requirement.

Individuals who are sponsored by a recognised sponsor may have access to an “Expatcentre”, allowing these formalities to be carried out at one location, during a limited number of appointments.

Applicants or their sponsors need to pay a government filing fee for the processing of their immigration applications. The amounts are fixed and set for each immigration category, each year on 1 January. These are the 2025 fees for an employment-based application: EUR405 for the employee; EUR243 for a partner or spouse; and EUR81 for a minor child. Citizens of San Marino and Israel do not pay government filing fees for entry visa (MVV) applications or TEV applications (combined MVV and residence permit applications). They do, however, need to pay a fee for separate residence permit applications. Citizens of Turkey pay a moderated fee.

Visa costs are indexed every year on 1 January. The indexation is made using the index of the collective labour agreement (CAO) wages as calculated by Statistics Netherlands (CBS).

The government filing fee is charged to the applicant. If the foreign national applies for the visa or residence permit, the fee will be charged to the individual. If the application is filed by the sponsor, the fee will be charged to the sponsor. Applications under certain categories (eg, HSMP) must be filed by the sponsor; this is mandatory.

Enforcement

The Dutch authorities will take enforcement action towards individuals or sponsors who violate immigrations laws. The most notable scenarios are:

• visitors who exceed their maximum visitor stay;
• companies or individuals allowing foreign nationals to be working, illegally; and
• sponsors violating sponsor duties.

Government Actors

The government agencies, responsible for enforcement, compliance inspections and authorised to issue penalties for violations, are:

• the Aliens, Identification and Human Trafficking Unit of the Police and the Repatriation and Departure Service, which inspect foreign nationals entering and departing on overstay;
• the Netherlands Labour Authority of the Ministry of Social Affairs and Employment, which inspects compliance with labour laws, including the Work by Foreigners Act; and
• the IND, which inspects compliance with sponsor duties set out in the Immigration Act.

The Netherlands Labour Authority typically conducts visits, announced and unannounced, and the IND typically runs checks by cross-checking government databases and requesting disclosure of employee documents. The Royal Netherlands Marechaussee conducts checks at the Schengen border.

Visitors Exceeding Maximum Visitor Stay

Business visitors who overstay (ie, stay in the Schengen Area as a visitor for over 90 days in any given 180-day time window) are sanctioned with an order to leave the EU and an entry ban for the EU and the Schengen Area which will be listed in the Schengen Information System (SIS). Normally, an entry ban for overstaying, where the individual does not have criminal antecedents, would be for two years. It is a criminal offence to enter the EU in violation of an entry ban.

Illegal Working

Employers are required to verify the identity of any candidate whom they seek to employ and whether they are permitted to work in the Netherlands on the basis of an appropriate identity document. The Ministry of Social Affairs and Employment has published a guidance on verification of identity. If the guidance is properly implemented and executed with the employer, this could mitigate a penalty for illegal working. Employers must submit a copy of their employees’ ID to a labour inspector within 48 hours upon their order.

The following penalties can be imposed for illegal working and additional violations:

• illegal working – EUR6,000;
• failure to provide a copy of ID to enforcement agents within 48 hours – EUR6,000;
• failure to notify work that must be notified – EUR1,500;
• failure to provide the secondary employer with a copy of ID – EUR1,500;
• failure of the secondary employer to verify ID – EUR1,500; and
• failure of the secondary employer to keep a copy of ID on record – EUR1,500.

Employers who are an individual or a foundation or non-profit association which has had work carried out outside a business scope will normally receive a penalty of 50% of the amount. “Outside business scope” means that the work carried out must be non-profit by nature.

The Work by Foreigners Act and the Penalty Scheme allow the Netherlands Labour Authority to lower or to raise the amount. The mitigation or increase of the fine depends on the extent to which the employer can be considered culpable of the offence, as well as the severity of the offence. If the employer is found to have been grossly negligent, the fine can be raised to 125% of the reference amount. If the employer is found to have committed the offence with intent, the fine is raised to 150% of the reference amount. If the employer demonstrates that there has been a reduced level of culpability, the fine is reduced to 50% of the reference amount. Once the fine has been determined in accordance with the level of the employer’s culpability, the fine can be raised by 25% if the offence is qualified as serious. Likewise, the fine amount can be reduced by 25% if the offence is qualified as less serious. Whether or not a fine can be mitigated or increased depends on the facts and circumstances.

Violation of Sponsor Duties

For violation of sponsor duties, the IND can impose an informal warning, a formal warning or a penalty. The standard penalty amount is EUR3,000 per violation, which amount can be increased in case of repetition or mitigated if there are mitigating factors.

Sponsors must comply with sponsor duties. Certain sponsor duties apply to all sponsors, whilst others are specific to recognised sponsors.

Sponsor duties applying to all sponsors are the following.

• Reporting duties – sponsors must report certain events to the IND within two or four weeks, such as moving office, termination of employment, departure, and if the migrant worker ceases to meet the conditions for eligibility.
• Record-keeping duties – sponsors must keep documents and information for up to five years after the termination of sponsorship. For employment-related categories, this includes the employment contract or transfer letter and payslips.
• In addition, recognised sponsors must comply with a duty of care, which means that they must ensure a careful recruitment and selection process of migrant workers in the HSMP category. In the HSMP, EBC and ICT categories, a recognised sponsor must provide information to candidates about the conditions for admission and residence and their rights and duties as a migrant worker under the Immigration Act.

In the Netherlands, employers are required to verify the identity of any person carrying out work for them including those they seek to employ and whether the person is allowed to work in the Netherlands. Verification must be carried out vis-à-vis and on the basis of an appropriate, original identity document. The Ministry of Social Affairs and Employment has published guidance on verification of identity here (only in Dutch).

Dependants

Family members who may qualify as dependants

The spouse, registered partner, unmarried and unregistered partner and children below the age of 18 qualify as dependants. Others, notably parents and adult children of the applicant, are normally not considered eligible and must anticipate being refused unless they can successfully invoke Article 8 ECHR regarding the right to respect for family life and private life. The assessment under Article 8 ECHR differs per family member. Special, more lenient, rules apply to family members of citizens of the EU, EEA or Switzerland and parents of Dutch children.

Unmarried and same-sex partners

Unmarried and same-sex partners qualify as family members and are treated in the same way as heterosexual married couples.

Labour market access

Under the HSMP, EBC, ICT and self-employment schemes, dependants are permitted to work, in any capacity, without immigration restrictions, provided their sponsoring family member remains sponsored under the concerned schemes.

Children

Under the HSMP, EBC and ICT, children who are dependants have full access to labour. However, they must observe and comply with employment laws on work by children.

Visa Categories Which do not Allow Family Members to Apply

The visa categories “Seasonal work” and “Intern/apprentice” do not allow family members to apply for family reunification.

See 7.1 Recognised Family Relationships.