April 17, 2013

Effective June 1, 2013, the new Modern Migration Policy law will require replacement of the existing Knowledge Migrant (“KM”) covenants (registrations) held by companies with an “Authorised Sponsor for the KM Procedure” (Erkend Referent Kennismigrantenregeling).

What’s Changed?

This brief is a follow-up to our earlier alert on the new Modern Migration Policy (http://www.pro-linkglobal.com/resources/immigration-alerts/2013/netherlands-modern-migration-policy-act-to-be-introduced-on-june-1-2013-a263.aspx) regarding the first steps to implement the new policies.

Over the next few weeks, the Dutch Immigration Service (IND) will be mailing notification letters to Dutch companies advising whether their existing KM covenants will be automatically converted to an “Authorised Sponsor for the KM Procedure” or not.

According to the IND, companies meeting specific conditions by June 1, 2013 will automatically become an authorized Sponsor. Conditions for automatic authorization are as follows:

  • The Dutch company has a KM covenant with the IND between June 1, 2012-June 1, 2013:
  • The company was either granted a KM residence permit for an employee, and/or

– at least one KM residence permit of one of the company’s KM employees was renewed, and/or

– the company officially notified the IND that the company hired a new employee who was already in possession of a KM residence permit (employee’s change of KMemployer).

If the above conditions have not been met by June 1, 2013, companies with KM covenants must apply to become an “Authorised Sponsor for KM Procedure”. The IND will require a €5,000 (approximately US$6,539) Sponsorship registration fee. Unless the Sponsorship is withdrawn by the IND (e.g. by not fulfilling the legal obligations), or if a company voluntarily cancels its Sponsorship, a company’s Sponsorship should be valid for an indefinite period.

For foreign nationals holding KM Residence Permits valid beyond June 1, 2013, regardless if the current Dutch employer does not automatically qualify for Sponsorship, the IND will not cancel/withdraw employee’s existing permits. These KM employees can continue working for the same employer until the term of validity of the KM residence permit expires.

Once employers become an authorized Sponsor, KM residence permit renewal applications can be filed with the IND.

The new application forms for the KM residence permit (with or without MVV) are scheduled to change but may not yet be available prior to June 1, 2013.

ACTION ITEMS FOR EMPLOYERS

HR of Dutch companies holding a KM covenant are advised to check with their Dutch immigration suppliers regarding how best to be on the lookout for Sponsorship notifications.

It is very important that companies keep up with ensuring they will be authorized to automatically transition to Sponsorship or make arrangements to pay the registration fee and secure Sponsorship status as soon as possible.

For those HR that have already received the IND letters, it is critical to supply copies of these letters to Dutch immigration suppliers for review and to confirm the details of status being automatically granted or review the requirements to apply for Sponsorship prior to June 1st.

Dutch companies applying for KM work authorization under the new Sponsorship designation are reminded that the supporting documentation required to evidence the company’s and the foreign worker’s qualifications will not be required by the IND as part of the actual work permit filing.

However, as with current KM covenant compliance requirements, copies of the application support documents must be maintained in the sponsoring company’s HR files or with the company’s Dutch immigration supplier for at least five years beyond the date of cancellation of the employee’s KM work authorization.

Companies are reminded that the IND reserves the right to audit the company’s or immigration supplier’s files to confirm the company observes all applicable Dutch immigration compliance requirements.

Caveat Lector | Warning to Reader

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. This alert was prepared by Glenn Faulk, Senior Manager, Knowledge Management. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in the Netherlands to provide you this update.

Information contained in this Global Brief is prepared using information obtained from various media outlets, government publications and our KGNM network of immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department (km@pro-linkglobal.com) with any additional requests for information or to request reproduction of this material.