Immigration authorities conducting weekly inspections of recognized sponsors

IMPACT – MEDIUM

What is the change? Dutch immigration authorities (IND) and Inspectorate SZW are conducting weekly on-site inspections of recognized sponsors to check whether employers are meeting all obligations and conditions of their sponsorship of foreign employees.

What does the change mean? Inspectors are visiting recognized sponsors and requesting to review files of expatriate employees to ensure that companies are in compliance with Dutch immigration law.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Employers acting as a recognized sponsor and all residence and work permits granted on that basis.
• Business impact: Companies found to be breaching the law face warnings, administrative fines, and, in serious cases, revocation of their recognized sponsor status and cancellation of the foreign employee’s work authorization and residence permits.
• Next steps: Prepare for a visit by IND or Inspectorate SZW.

Background: Dutch companies or organizations that want to recruit highly skilled migrants or scientific researchers require recognized sponsor status with the IND. Furthermore, the recognized sponsor status enables faster and simplified processes for many residence and work permits.

The IND grants residence permits based on recognized sponsors’ own statements without conducting in-depth preliminary application checks.

The IND inspectors will review whether the recognized sponsor fulfills its obligations (duty to administer, duty to inform and duty of care). Inspectorate SZW will review whether the employees have work authorization.

Analysis & Comments:  The partnership between the IND and Inspectorate SZW will be further intensified, and combined inspections will continue in 2019. Employers are encouraged to regularly conduct internal reviews of their records in preparation for an audit by inspectors.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.