Netherlands Archives

IMPACT – MEDIUM

What is the change? The government is now requiring change of status and extension applicants to resubmit biometrics for new residence permit cards.

What does the change mean? Applicants will have to make an appointment with the Immigration and Naturalisation Service (IND) to submit biometrics in person, extending the overall application process for extensions and change of status.

Implementation time frame: Jan. 1, 2020.
Visas/permits affected: Residence permits.
Who is affected: Residence permit holders applying for an extension of their visa or change of status.
Impact on processing: Submission of biometrics after application approval could extend the time it takes to receive the new residence card. The biometrics appointment means applicants will now have to visit the IND twice, as they must also attend an appointment to collect the new residence permit card.
Next steps: To avoid delays, extension and change of status applicants are advised to schedule a biometrics appointment on receipt of confirmation that the IND has received their application.

Background: Previously, foreign nationals did not have to resubmit biometrics with each new application to receive a new residence permit card. The applicant only had to resubmit new biometric data when the already present biometric data was submitted prior to 2014.

Analysis & Comments: The new requirement means that foreign nationals applying for extensions or change of status must make an appointment with the IND to submit biometrics either after confirmation of application receipt or following approval of their application. A new photo and signature will be required of each applicant at the appointment, and the IND may also decide to take new fingerprints. Applicants are advised to make a biometrics appointment after confirmation of application receipt, as waiting until application approval will delay the process of issuing the new residence card.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The Immigration and Naturalisation Service has announced that it mistakenly issued 1,200-1,300 residence permits that lacked a key authenticating feature.

What does the change mean? The permits in question did not contain a perforated passport photo. IND has said it will send letters to those who were issued an incorrect permit. A new permit will then be made available for pick-up.

Implementation time frame: Immediate.
Visas/permits affected: Residence permits.
Who is affected: Foreign nationals who were issued an incorrect residence permit.
Next steps: Foreign nationals who receive a letter should carry it with their residence permit until they are able to travel to the appropriate IND desk to pick up their new permit. The address of the IND desk where they can collect the permit will be included in the letter.

Background: Residence permits in the Netherlands normally include an ordinary passport photo and a perforated passport photo (i.e., a photo with small holes punched in it). The IND says the perforated photo is an important feature that helps prevent misuse, fraud and falsification. Those who received an incorrect permit will be contacted and issued a new permit at no charge, and they will also be compensated €25 for travel expenses.

Analysis & Comments: Those who receive a letter stating that they were issued an incorrect residence permit should follow the steps outlined above. Anyone with additional questions may contact Deloitte or call the IND’s information line at 088-0430430.

IMPACT – MEDIUM

What is the change? The Dutch government has set 2020 salary thresholds for high-skilled foreign workers.

What does the change mean? Beginning Jan. 1, the minimum monthly salaries will be as follows:

Highly skilled migrants 30 years or older: €4,612.
Highly skilled migrants younger than 30 years: €3,381.
Highly skilled migrants (recently graduated): €2,423.
European Blue Card Holders: €5,403.

Background: The salary thresholds are indexed annually. In order to meet the salary threshold, employers may include monthly salary components that are gross, guaranteed, and paid directly into the bank account of the employee. In-kind benefits or wages that are not guaranteed, such as performance bonuses, cannot be included to meet the monthly salary threshold.

Analysis & Comments: The minimums set for 2020 represent a 2.5% increase over current thresholds in each category and apply to applications filed after Dec. 31. For applications submitted in 2019, the current salary thresholds will apply.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? Dutch immigrat]ion authorities are more heavily scrutinizing residence permit applications for non-married partners of non-EU employees.

What does the change mean? Non-EU employees applying for work and residence permits and seeking residence status for their non-married partners must now submit evidence, consisting of a questionnaire and supporting documents, proving the relationship is long-term and exclusive.

Effective date: Oct. 1, 2019.
Visas/permits affected: All immigration applications for non-married partners, including dependent permits linked to Highly Skilled Migrant and Intra-Corporate Transferee residence permits.
Who is affected: Non-EU employees and their non-married partners applying for Dutch dependent residence status.

Background: In the Netherlands, non-married partners (both same-sex and opposite sex) are eligible to apply for dependent residence permits, allowing them to live and work in the country. Recently, Dutch immigration authorities have more strictly scrutinized these applications and are requiring applicants to prove that the relationship is long-term and exclusive.

Up to Oct. 1, 2019 the following documents were sufficient for dependent residence permit applications sponsored by Highly Skilled Migrants and Intra-Corporate Transferees:

a relationship declaration, signed and completed by both partners;
a legalized (translated) non-marriage/single certificate, not older than six months, one for each partner;

Since Oct. 1, 2019, a third standard requirement applies: a questionnaire regarding the relationship must be completed and secondary evidence provided.

Analysis & Comments: Dutch immigration authorities aim to gather more evidence proving that non-married partnerships are legitimate. Applicants should include as much documentation as possible (e.g., letters, emails, photographs and airplane tickets) proving the non-married partnership is legitimate. The introduction of this new requirement and the tightened policy are in line with the trend of Dutch immigration authorities assessing applications more strictly.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The Netherlands has revised its plans to introduce a QR code to Dutch passports and identity cards.

What does the change mean? Starting Monday, Aug. 2, 2021, an individualized QR code will be added, in addition to the citizen service number (BSN), to the backside of Dutch passports and ID cards. The transition to QR-readable passports is expected to take two years.

Implementation time frame: Two years
Documents affected: Dutch passports and identity cards.
Who is affected: Dutch citizens.

Additional information: In August, the Ministry of the Interior and Kingdom Relations announced a plan to remove the BSN number, which is visible on the passport in the machine-readable zone, to address the risks of identity theft associated with Dutch passports. Recently, the Dutch Data Protection Authority approved the addition of the QR code; however, the BSN code will remain on the backside of the passport and identity cards to ensure that citizens are able to read their own BSN without a QR code scanner.

Analysis & Comments: The transition to QR-readable passports is intended to reduce fraud and identity theft related to Dutch passports.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The Immigration and Naturalisation Service is testing a web service that allows individual users to log on, check the status of immigration applications, provide additional information or documentation, and find information about other types of residence permits available to them.

The service, called My IND, is currently open to roughly 1,000 individuals who were invited to participate in a trial phase. It is expected to open up to a broader group of non-EU residents this fall.

Implementation time frame: Ongoing.
Who is affected: Non-EU nationals in possession of a Dutch residence permit and BSN.
Next steps: The trial phase of My IND is expected to end in October or November. My IND will then become available to all non-EU residents who have a DigiD with sms code verification. If IND needs to make changes to the program, however, implementation could be postponed.

Additional information: My IND will allow individuals to check:

Their personal information and the personal information of family members they sponsor.
The status of current applications and applications of family members they sponsor.
Details related to their residence permit or the permits of family members they sponsor.
Immigration options available to them, e.g., information about residence permit extension applications or permanent residence.

My IND will also allow individuals to upload information that may be missing from their applications. Individuals who have a permit with incorrect information, who lost their permit or have a damaged permit, will be able to apply for a new permit via My IND, which will direct them to ind.nl to submit the application. My IND will also show what type of permit individuals currently possess, including the start and end date and a high-level explanation of their rights to work, reside and study in the Netherlands.

Although individuals in possession of a residence permit sponsored by a recognized sponsor cannot submit their own applications online, they will be able to access data similar to what is available to all other non-EU nationals and monitor the status of applications submitted by their employer.

Analysis & Comment: My IND is designed to ease immigration processes for individuals and to improve efficiency by showing real-time data and lowering the volume of hard-copy applications. Deloitte expects My IND to enhance the employee experience pending the residence permit extension processes and therefore encourages employers to proactively inform their existing non-EU nationality population about My IND.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/aboutto learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – LOW

What is the change? The Netherlands plans to introduce a QR code to Dutch passports.

What does the change mean? An individualized QR code will replace the citizen service number (BSN) currently found on Dutch passports. The transition to QR-readable passports is expected to take two years.

Implementation time frame: The government is expected to announce specifics of an implementation timeline in September, following approval by the Dutch data protection authority.
Documents affected: Dutch passports.
Who is affected: Dutch citizens.

Additional information: In response to a request by the Dutch parliament to address the risks of identity theft associated with Dutch passports, the Ministry of the Interior and Kingdom Relations announced a plan to remove the BSN number, which is visible on the passport. The QR code hides information from view, reducing the risk of identity theft.

Analysis & Comments: The transition to QR-readable passports is intended to reduce fraud and identity theft related to Dutch passports. The ministry will provide more information next month on how the new passports will be phased in.

Source: Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The Immigration and Naturalisation Service (IND) has announced that it expects longer processing times for applications in the coming weeks.

Implementation time frame: Summer 2020. The delays are expected to be most acute in the next three weeks.
Visas/permits impacted: All visas and permits, including Highly Skilled Migrant permits and ICT permits.
Who is impacted: Employers and non-EU nationals applying for visas and permits.
Impact on processing times: Processing times will vary depending on the case, but the possibility of delays should be anticipated.

Analysis & Comments: The delays are the result of a higher number of applications than expected for 2019 so far and will most likely continue in the weeks ahead. During this time, employers may need to adjust time lines for employees with pending applications.

Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The Dutch government is preparing to introduce a pilot program that will help startups employ high-skilled workers from outside the European Union.

What does the change mean? The program will help startups hire non-EU workers who are unable to qualify for residence permits under the Highly Skilled Migrant (HSM) program’s salary thresholds and who do not hold enough company shares to qualify for a startup residence permit.

Implementation date: Summer of 2020.
Visas/permits impacted: Residence permits for startup employees.
Who is impacted: Startups operating in the Netherlands and non-EU nationals interested in working at a startup in the Netherlands.
Business impact: The program will give startups more flexibility in hiring international talent.
Next steps: The next steps are drafting the necessary legalization and testing the scheme. The pilot program is expected to start in the summer of 2020.

Additional information: The HSM program is an attractive option for many businesses, but startup companies are sometimes unable to meet the program’s salary requirements. This is in part because startups often compensate employees with a relatively low base salary in combination with shares in the company. The existing startup residence permits are an option for some non-EU workers, but only those who have significant shares in the company where they are working.

The pilot program is being developed to address this challenge. Some of the key points of the program are as follows:

It will be open to both Dutch and foreign startups that are established in the Netherlands.
It will help startups that are not yet able to meet HSM salary thresholds to recruit high-skilled non-EU workers.
Employers will be required to meet the lowest HSM salary threshold. Currently, that threshold is €2,364 gross per month.
Employers will be required to demonstrate “employee participation” in the company, e.g., stock options, certificates of shares, or shares without voting rights.
Employers will be required to show that the employee is essential to the growth of the startup.
Startups must have no more than 15 employees and no more than five non-EU employees in order to participate.
The pilot program will run for a period of three years. Officials will monitor the results and may make adjustments as necessary. Depending on the success of the pilot and potential adjustments, companies and the employees could reapply for the pilot program after the maximum period of three years if they do not yet qualify for the regular HSM program. The government aims, however, for companies and their employees to enroll into the regular HSM program as soon as they qualify because the HSM program is the preferred route.

Analysis & Comments: The planned pilot indicates that the government is increasingly focused on the growth and development of startup companies in the Netherlands. It is designed to help startups attract international talent that might otherwise be unable to qualify for a residence permit. Startup organizations are encouraged to consider pay and employee participation plans so that they are prepared to hire high-skilled non-EU workers once the pilot starts.

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.

IMPACT – MEDIUM

What is the change? Dutch authorities are allowing certain permanent residence applicants who are already employed in the Netherlands to apply for exemptions from the Orientation on the Dutch Labour Market (ONA) test.

What does the change mean? The ONA is one of six tests that make up the civic integration exam. The other tests measure Dutch language skills and knowledge of Dutch identity and society. The ONA waiver is expected to considerably shorten the overall timelines for completing the civic integration exam.

Implementation date: Ongoing. The ONA waivers became available April 20.
Visas/permits impacted: Permanent residence.
Who is impacted: Applicants for permanent residence who already hold a job in the Netherlands. To be eligible to apply for an exemption, the applicant must have held salaried employment for at least six month from the date of submitting the exemption request, and have worked a minimum of 48 hours per month during the six months.
Impact on processing times: The change is expected to considerably shorten the process of obtaining permanent residence for those who are eligible for the waiver. Currently, it can take up to 15 weeks to complete the ONA.

Additional information: The Netherlands saw a rapid increase in the number of migrants coming to the country in 2016 and 2017. The high number of permanent residence applicants led to a significant backlog for the civic integration examination, which is required for most applicants seeking permanent residence. Wait times for the ONA final interview increased to the point where completing the ONA can now take up to 15 weeks.

The Dutch Ministry of Social Affairs and Employment said in February 2018 that applicants for permanent residence who were already employed should be exempt from the ONA because they were already oriented in the labor market. Permanent residence applicants may now apply for waivers, provided they have been employed as a salaried worker for at least six months and have worked a minimum of 48 hours per month in each of those six months.

Analysis & Comments: The waiver for the ONA part of the Dutch civic integration examination is a welcome measure. Authorities are relatively efficient in processing the other five tests that make up the civic integration exam, meaning that the overall process will be considerably shortened by the ONA waiver.