Netherlands Archives

IMPACT – MEDIUM

What is the change? VFS Global will assume responsibility for processing Dutch visa applications lodged in the United States.

What does the change mean? Effective April 17, those applying for Schengen or Caribbean visas should submit applications to VFS Global centers in Chicago, Houston, New York or San Francisco. Applications will no longer be accepted at the Dutch embassy or consulates.

Implementation time frame: April 17.
Visas/permits affected: Most Dutch visas, including Schengen and Caribbean visas, but not MVV long-stay visas (Machtiging tot Voorlopig Verblijf /authorization for temporary stay).
Who is affected: Foreign nationals applying for Schengen, Caribbean or other Dutch visas in the U.S.
Next Steps: The Dutch government said in a statement that it will open VFS Global centers in Washington, D.C. and Miami later in 2017, but for now applications will have to be lodged in Chicago, Houston, New York or San Francisco.

BAL Analysis: The change may lead to quicker processing times, though short-term delays are possible as VFS Global takes over visa processing responsibility from Dutch consulates. Those with existing appointments on or after April 17 should contact VFS Global to reschedule their appointment.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman& Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Netherlands has announced 2017 salary thresholds for foreign highly skilled employees.

What does the change mean? As of Jan. 1, the minimum gross monthly wages (not including 8 percent holiday allowance) for the following categories will be:

Highly skilled migrants aged 30 and older: € 4,324
Highly skilled migrants younger than 30 years old: € 3,170
Individuals who graduated in the Netherlands: € 2,272
EU Blue Card: € 5,066

BAL Analysis: Salary thresholds are indexed annually, and companies should budget for the higher salary minimums in the new year.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? The Netherlands has passed a law implementing the EU Directive on Intra-Corporate Transfers that will change current procedures for multinational companies transferring employees to a Dutch office.

What does the change mean? A new immigration category will be created for ICTs, and the High-Skilled Migrant Program (HSMP) can no longer be used for ICTs who will remain an employee of the sending company.

Implementation time frame: Nov. 29.
Visas/permits affected: EU ICT work permit.
Who is affected: Non-EU managers, specialists and trainees who are transferred within a multinational company to a Dutch office.
Impact on processing times: Decisions on Dutch ICT permits will be rendered in 90 days. Employers who are registered as recognized sponsors with the Immigration and Naturalization Authority (IND) are entitled to fast-track processing of two weeks.
Business impact: Employers sponsoring ICTs for the new EU ICT permit will have a higher administrative burden than employers sponsoring foreign nationals under the High-Skilled Migrant Program, but employers who are registered with the IND as sponsors of High-Skilled Migrants are eligible for faster processing of EU ICT permits, as they will only need to provide a company statement.
Next steps: Applications will be available on the IND website Nov. 29. Companies sending ICTs to the Netherlands should contact their B·A·L legal team for guidance on the appropriate route for assignees and application procedures.

Background:

The EU Directive on Intra-Corporate Transfers creates common procedures for non-EU nationals sent to EU countries as ICTs. The Dutch law includes the following provisions:
The EU ICT permit is available for managers, specialists or trainees. ICT permits are valid for a maximum of three years for managers and specialists and a maximum of one year for ICT trainees. Upon expiration, the ICT permit cannot be extended and the transferee must wait six months before requesting a new ICT permit to the Netherlands.
ICTs will not need to obtain new work permits when moving to another EU country for short-term visits (up to 90 days within a 180-day period) and will have reduced processing for long-term mobility (more than 90 days within 180 days).
Individuals holding EU ICT permits may make visits to the Netherlands of up to 90 days in a 180-day period by notifying the Employee Insurance Agency (UWV). They may make visits of more than 90 days in 180 days to the Netherlands with proof of the EU ICT permit rather than having to file for a new EU ICT permit. They may work immediately.
Spouses and children under 18 are eligible for residence permits during the duration of the ICT’s assignment and may work without additional work authorization, including engaging in self-employment.

B·A·L Analysis: The Dutch law on EU ICT work permits will change procedures for ICTs transferred to the Netherlands who are kept on the sending company’s payroll. In these cases – which fall under the scope of the ICT directive – the sending company is not free to apply under HSMP procedures. ICTs who are put on a Dutch payroll, however, may continue to apply under the HSMP. The new law provides greater mobility for ICTs who need to visit or work in additional EU countries during their assignments and provides the right to work for spouses and dependents under 21. ICTs do not accrue any rights towards permanent residence, as their years in the Netherlands are deemed of a temporary nature.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – LOW

What is the change? The Dutch government has published new government filing fees for 2017 residence permit applications.

What does the change mean? Effective Jan. 1, government filing fees will increase for applicants filing for first-time residence permits or renewals, including in the highly skilled migrant, labor migrant, orientation year and family member permit categories.

Implementation time frame: Jan. 1, 2017.
Visas/permits affected:Residence permits, including highly skilled migrant, labor migrant, orientation year and family member permits.
Who is affected: Employers sponsoring applicants in any of the above categories.
Business impact:Business costs may increase slightly as a result of the new government fees.

Background: Fees will increase by more than 5 percent in some categories (e.g., the highly skilled migrant category) and less than 2 percent in others (e.g., the family member category). The new fees in key categories next year will be as follows:

Application Category	2016 fee	2017 fee
First Entry
Highly Skilled Migrant	€881	€926
Labor Migrant	€881	€897
Orientation Year	€622	€633
Family Member	€233	€237
Extension
Highly Skilled Migrant	€389	€396
Labor Migrant	€389	€396
Family Member	€233	€237
Recognized Sponsor Status
Regular Fee	€5,183	€5,276
Reduced Fee	N/A	€2,638

The reduced fee for some recognized sponsors is new and will be available to, among others, companies that employ 50 or fewer people and sponsors in the “exchange” category.

BAL Analysis: Companies should take note of the increased fees and adjust their budgets if necessary.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

Assessing travel and visa obligations in the Netherlands

When traveling to the Netherlands, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to the Netherlands, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

Attend business meetings or the conclusion of agreements with companies and institutions for a maximum of 13 weeks in a 52-week period
Tour a company facility
Receive training or instruction on the use of goods manufactured in the Netherlands, or services to be performed in the Netherlands, for a maximum of 12 consecutive weeks in a 36-week period

If I qualify as a business visitor, do I need a visa for the Netherlands?

Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in the Netherlands.

The Netherlands is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen C Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to the Netherlands and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.

Working in the Netherlands

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Dutch law. This list is not exhaustive, and many other professional activities are considered work in the Netherlands, even if conducted for a short duration.

Facilitating training
Performing audits
Consulting
Market planning

In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization, although strict preconditions must be met. An individual assessment is required to determine whether an exemption is applicable.

If I am traveling to the Netherlands for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in the Netherlands. The most common types of work authorization for the Netherlands are:

Short-Term Highly Skilled Migrant Work Permit (work authorization for professionals residing up to 90 days in any 180-day period)
Highly Skilled Migrant Permit (long-term work and residence authorization for highly skilled professionals)
EU Intra-Corporate Transfer (ICT) Permit (work and residence authorization for the transfer of senior management, specialists and trainees of a company located outside the EU to a local branch belonging to the same company or group of companies)
National Intra-Corporate Transfer (ICT) Permit (work and residence authorization for the transfer of senior management, specialists and trainees of a company located within the EU/EEA/Switzerland to a local branch belonging to the same company or group of companies)
EU Blue Card (work authorization for highly skilled direct hires)
Work and Residence Permit (long-term work and residence authorization for direct hires)
Residence Permit for Essential Start-up Personnel (highly skilled work and residence authorization for employees of innovative, scalable and start-up companies).

Is it possible to be exempted from work authorization requirements?

Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain work authorization to work in the Netherlands. However, registrations or other formalities may be required prior to working or residing in the Netherlands.

Additional work authorization exemptions are available in the Netherlands under Vander Elst rules. In this case, a legal assessment to determine the possibilities for a work authorization exemption should be obtained prior to traveling.

What else should I know?

The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the United Kingdom, has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in the Netherlands.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright ©2025 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

IMPACT – MEDIUM

What is the change? The state secretary of justice has announced changes to government filing fees under the Highly Skilled Migrant Program (HSMP) beginning Jan. 1, 2017 and will delay the proposed reintroduction of work permit requirements on Japanese nationals until that date.

What does the change mean? In a July 6 letter, the state secretary of justice announced to the Second Chamber of Parliament that he will increase the government fee for entry and stay approvals and residence permits under the HSMP to €910, while the government fee for companies applying for recognized-sponsor status who have fewer than 50 employees or who are reapplying due to a change in legal status will decrease significantly to €2,592 (half of the current amount). Although the state secretary’s announcement only related to the HSMP, companies should expect that the government fee for single permit and European Blue Card applications could likely change to € 910 as well, since the fees for HSMP, single permit and Blue Card are normally set at the same amount.

Implementation time frame: Jan. 1, 2017.
Visas/permits affected: Recognized sponsor status applications, entry and stay approvals, residence permits, single permits, EU Blue Cards; work permits for Japanese nationals.
Business impact: The change in fees will increase costs for companies hiring non-EU nationals under the HSMP and the EU Blue Card Program and reduce costs for companies with fewer than 50 employees applying for recognized-sponsor status or reapplying due to a change in legal entity.

Background: The Immigration and Naturalisation Service announced last month that it would reintroduce work permit requirements for Japanese nationals beginning Oct. 1. This week, the minister of social affairs and employment announced that the requirements would be delayed until Jan. 1, 2017. Currently, Japanese nationals are exempt from work permits based a 2014 court decision, A case now pending in a Dutch appeals court may affect whether the authorities may reintroduce work permit requirement

BAL Analysis: Companies should adjust their budget for the new government fees beginning next year. BAL is following the status of Japanese nationals and will report any additional developments.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Dutch Parliament is one step closer to passing amendments to the Dutch Nationality Act which would lengthen the period of residence that is required for citizenship eligibility, among other changes.

What does the change mean? Foreign residents would be required to have legally resided in the Netherlands for seven years (instead of five years under current law) before being eligible for citizenship. A transition period would allow applicants who already have three years of residency to rely on the five-year rule.

Implementation time frame: An implementation date has not been set.
Visas/permits affected: Naturalization.
Who is affected: Foreign nationals seeking Dutch citizenship.
Next steps: The Act has passed the Second Chamber of Parliament (House of Representatives) and will now go to the First Chamber (Senate), where it is expected to pass and thereafter become law.

Background: The bill was first proposed in 2013 and was motivated by a sentiment that foreigners needed to integrate into Dutch society more fully before acquiring the rights and privileges of citizenship.

In addition to increasing the wait time for citizenship, the law would strengthen other criteria. Spouses of Dutch citizens would only be able to count time legally in the Netherlands for purposes of meeting the prerequisite of three years of marriage. Applicants would no longer be allowed to apply for naturalization from abroad, and all naturalization applicants would be required to demonstrate a clean criminal record since age 12 (instead of the current age of 16).

BAL Analysis: Foreign residents who are currently eligible may wish to apply for citizenship before the stricter rules become law.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? The Dutch government has said that Japanese nationals will once again be required to apply for work permits before moving to the Netherlands to work.

What does the change mean? Beginning Oct. 1, Japanese nationals – who currently enjoy free access to the Dutch labor market under a 1912 treaty – will be required to obtain authorization to work in the Netherlands. Japanese nationals residing in the Netherlands without a work permit can continue to work past Oct. 1, but will have to apply for work permits when their residence permits expire if they intend to continue working in the country.

Implementation time frame: Oct. 1.
Visas/permits affected:All work permits.
Who is affected:Japanese nationals and Dutch employers hiring them.
Impact on processing times:The government’s rule will reinstate the work permit process for Japanese nationals, subjecting them to the standard work permit processing times.
Business impact:The change may make it more difficult for Dutch employers to recruit and retain Japanese workers.

Background: In December 2014, the Netherlands’ highest immigration court ruled that a “most-favored nation” clause in the 1912 Treaty of Commerce and Navigation between the Netherlands and Japan compelled Dutch authorities to grant Japanese nationals free access to the Dutch labor market. In making the ruling, the court compared the treaty to a similar pact between Switzerland and the Netherlands, which allows Swiss nationals to work in the Netherlands without work permits.

More than a year after the ruling, the Netherlands and Switzerland issued an “interpretation statement” on the Dutch-Swiss treaty. In the statement, the two countries agreed that residence and access to the countries’ labor markets remain subject to each country’s national legislation. This, in the Dutch government’s interpretation, gave authorities the power to subject Japan to work permit requirements without running afoul of the 1912 treaty’s most-favored nation clause. The government announced on June 21 that it would impose work permit requirements on Japanese nationals beginning Oct. 1.

BAL Analysis: Barring any successful legal or political challenge, Japanese nationals will once again be required to apply for and obtain work permits in order to work in the Netherlands after Oct. 1. Employers should take note of the change and contact their BAL professional with any questions about how to obtain a work permit for a Japanese national intending to arrive in the Netherlands on or after Oct. 1.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Netherlands has changed certain rules affecting recognized sponsors.

What does the change mean? A company’s recognized sponsorship may be revoked by the Immigration and Naturalization Service (IND) if the company has not sponsored highly skilled migrants for three years. Under another change, some companies are now exempt from submitting a business plan when registering for recognized sponsorship.

Implementation time frame: The changes took effect April 1.
Visas/permits affected: Highly skilled migrant work permits.
Who is affected: Recognized sponsors in the Netherlands.
Impact on processing times: Companies that are exempt from submitting a business plan will be able to register as recognized sponsors much faster, as the business plan review process takes approximately three months. Companies that lose recognized-sponsor status will have to spend additional time and resources to reapply for recognized sponsorship.
Business impact: Companies whose recognized sponsorship is revoked and who later want to hire highly skilled migrants will need to reapply and pay the government fees of €5,183 again.

Background: Recognized sponsors are employers who have been approved by the IND to hire foreign workers under the highly skilled migrant program. Previously, companies that were established for less than 1 ½ years were required submit a business plan demonstrating financial solvency. Under the new rules, a company with less than 1 ½ years in business is exempt from the business plan requirement if it is:

A wholly owned subsidiary of a company that is a recognized sponsor. If the parent company is exempt from submitting a business plan, the subsidiary may submit a tax declaration from the parent company instead of a business plan.
The result of a merger, where the merged parties are recognized sponsors.
Taken over by a company that is registered as a recognized sponsor.
A company that was registered as a recognized sponsor whose legal framework changed, and notary documents of the corporate structure demonstrate that the company’s management and commercial activities remain the same.

If the IND or Netherland Enterprise Agency has any doubts about a company, they may request additional proof. Also, companies established and active for more than 1 ½ years may be required to show additional proof, which may include a business plan, verified financial statements, and liquidity projections for the next two years.

BAL Analysis: Companies that are recognized sponsors should be aware that they may lose their sponsorship if they stop sponsoring highly skilled migrants for a period of three years. Companies applying for sponsorship may be exempt from submitting a business plan, but should also note that they may be asked for additional proof of financial solvency.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Dutch Labour Inspectorate has begun publishing results of employer audits on its website.

What does the change mean? The names and addresses of companies subjected to audits will be published along with the dates and legal grounds for the audits and whether the companies were found to have violated laws on employing foreigners, paying wages and other labor regulations.

Implementation time frame: The results of all inspections taking place after Jan. 1 will be published.
Visas/permits affected: Work permits and residence permits.
Who is affected: All employers.
Business impact: The public list is intended to increase transparency and may also encourage companies to be proactive on compliance measures.
Next steps: Employers should review their compliance policies and make sure they are prepared for an audit.

Background: The Labour Inspectorate monitors and audits companies for violations of the Aliens Employment Act, the Minimum Wage and Minimum Holiday Allowance Act, and the Placement of Personnel by Intermediaries Act.

The Labour Inspectorate will publish results of an audit within 30 days after the employer is notified of the decision to publish. If the employer objects and asks a court for an interim measure within 10 days of the notification, the Labour Inspectorate will postpone publication until the court rules on the request. Published results will remain on the website for three years.

Results of audits are published regardless of whether the employer is found to be in violation of labor laws. Of the 61 most recent inspections currently listed on the website, none of the audited companies were found to have committed an offense.

BAL Analysis: The publishing of audit results will likely make companies more vigilant about compliance with labor laws. The list also provides transparency into the Labour Inspectorate’s audit practices, the frequency of audits, which types of companies are being audited, and which violations are being investigated.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.