On June 1, 2013, the new Modern Migration Policy Act came into force, changing a number of immigration procedures for regular purposes such as employment, study and family reunification.
This new Modern Migration Policy Act aims to simplify immigration procedures to strengthen the Dutch economy and make the knowledge industry more competitive.
Under the new law, employers as legal entities will become the (authorised) "sponsor" of a migrant who intends to move to the Netherlands for employment.
The sponsor guarantees the immigration position of the migrant, and is now able to apply for the required permits, while the migrant is still abroad.
For employers of highly-skilled migrants, authorised sponsorship is compulsory.
Employers who were admitted earlier by the Immigration and Naturalisation Services (IND) to the highly-skilled migrant programme, however, should have automatically become an authorised sponsor.
This is provided they had been granted at least one application for a residence permit to employ a highly-skilled migrant in the period since June 1, 2012.
Especially where it concerns separate applications for a regular provisional residence permit (MVV) and a residence permit, the new Modern Migration Policy Act will improve the efficiency of the procedure by combining the two separate applications into one single procedure, thus saving much time.
As a sponsor, the new law requires employers to fulfil several legal obligations:
› Sponsors will now have a duty to inform the IND about changes to the migrant’s residence status.
› Sponsors will have an administrative duty wherein they must have all relevant information and documents in their administrative records and keep them for five years after the sponsorship has ended.
› A duty of care, meaning recruiting and selection should not be done at random.
› The sponsor is responsible for the migrant’s repatriation. If the migrant is found to be staying illegally in the Netherlands in the year after sponsorship has ended, all costs may be recovered from the sponsor.
In cases where the sponsor fails to fulfil its legal obligations, the IND can impose sanctions.
When a first violation is detected, a warning is usually given. On subsequent violations, an administrative fine is imposed. Eventually the IND could also retract the authorised sponsorship.
Godelijn Boonman is Attorney-at-Law at GMW Advocaten / Legal Expat Desk. For more information, please comment below.