Dutch authorities have updated the document retention requirements for recognized sponsors employing certain highly skilled migrants.

Key Points:

  • Recognized sponsors are currently required to retain pay slips and diploma copies for highly skilled migrants who were subject to reduced salary thresholds for five years after their employment ends.
  • Effective April 1, a sponsor or recognized sponsor must also retain copies of documents certifying the education credential(s) of the highly skilled migrant as well as documents proving the worker meets English or Dutch language requirements for five years after their employment ends if the skilled migrant’s respective education program was not in English or Dutch.

Additional Information: Further details on the obligations of recognized sponsors can be found here. For education certification, a document must prove that on the date of the worker’s graduation, their educational institute ranked in the top 200 and that document must be issued by at least two publishers included in Article 3.23 of the Aliens Regulations.

BAL Analysis: Recognized sponsors should update their document retention policies to ensure they are compliant with the new rules and be sure they are retaining the appropriate documentation records at the worksite for a period of five years after the employer is no longer the recognized sponsor of the highly skilled migrant.

This alert has been provided by the BAL Global Practice Group.

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