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How your employer impacts your residency rights (or not)

How your employer impacts your residency rights (or not)

De Vreede Advocaten is a young and dynamic law firm specialised in immigration and international employment law for both businesses and individuals.

So, you have found a job, you have your residence permit, you are registered with your municipality, and you are starting to get used to the Dutch way of living. Keep in mind; even though you are feeling more Dutch every day, your residency status requires your constant attention.

Increased monitoring of sponsors

The Immigration and Naturalisation Service (IND) recently announced that it will be increasing its monitoring of the sponsors hiring highly skilled migrants and intracompany transferees. The IND will do so together with the Labour Inspectorate (ILO) and the Dutch tax authority (Belastingdienst).

Staying up to date

Are you working as a highly skilled migrant or are you an intracompany transferee? If so, you will have been granted a residence card based on the information your employer submitted to the IND before your arrival.

In the time since your arrival, your situation, or that of your employer, may have changed. It is important to keep in mind that your employer is a sponsor and has a legal obligation to report these changes. That’s why it is important to know a little more about these obligations and how you can help your sponsor stay up to date.

What changes need to be reported to the IND?

Changes that are relevant for your employer to report include the following:

  • You changed jobs
  • You work fewer hours
  • You are planning to take unpaid leave
  • You left the country

All changes relevant to the sponsor must be reported to the immigration service as well. For example:

  • A change to the sponsor’s legal status
  • Suspension of payment or bankruptcy
  • A merger or acquisition 

The sponsor must report changes to information or circumstances within 4 weeks after their occurrence. 

Unexpected consequences

We are seeing more and more cases where a start-up merges without taking into account the sponsorship of the new entity. These changes may impact your residency status when not reported - for whatever reason - by your employer.

Most of the aforementioned changes will not influence your status. However, there may be unexpected consequences for the employee which can be avoided - so it is always helpful to stay alert and check in with HR if such changes occur to you or your employer.

The extension of your residence permit

Your employer is also responsible for the extension of your residence permit. When the end date of your current residence permit approaches, make sure your employer is taking the necessary steps to extend your permit. This way, you avoid a gap in your residency and your employer is not employing someone illegally.

Changing jobs

If you are planning on changing jobs, make sure that your current as well as your future employer both inform IND about your changed employment. In the event that you are planning a sabbatical to finally take that dream trip, make sure you get some legal advice before you pack your bags - to ensure you can return with your residency and 30%-ruling intact.

At De Vreede Advocaten, we have noticed an increase in cases involving foreign employees where problems could have easily been avoided. We are happy to prevent problems before they arise.  If you have any questions regarding your employment situation or residency rights, please contact us:

Ester

Author

Ester de Vreede

Ester combines an extensive knowledge of employment law and immigration law, which proves to be an asset and of specific interest for highly skilled expats and companies that employ them....

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TarynM 10:19 | 12 April 2018

Hi! Is it possible to be in the Netherlands on an ICT permit through an intra company transfer and at the same time be waiting for a spouse visa to be processed? Considering that the spouse visa paperwork and processing can take many long months, I would like to be with my partner as soon as I can and I happen to work for a company which has an office in the Netherlands, but the company is not a registered sponsor. Hence, the need for an ICT permit as opposed to a skilled migrant visa.