March 17, 2014

On February 21, 2014 the Dutch Immigration & Naturalization Department (IND) announced that a Single Permit for work and residence authorization for non-EEA/Swiss nationals will be implemented on April 1, 2014 (see our Tweet on February 26, 2014). This implementation of a Single Permit is based on the EU Single Permit Directive (2011/98/EU), which mandates that all EU countries need to implement a combined work and residence permit for local hires. The initial deadline for the implementation was December 25, 2013, but The Netherlands is among many other EU countries which have not been able to meet this deadline.

Per the IND’s announcement, and as listed in the brochure that was published by the IND on the subject, the following categories of foreign employees do not qualify for this new Single Permit:

1. Croatians (being EU nationals);
2. Seasonal Workers;
3. Students;
4. Asylum Seekers;
5. People entering The Netherlands on a visa to work for up to 3 months;
6. Cross Border Workers;
7. Long Term EU Residents;
8. People staying in The Netherlands on a Residence Permit for an Orientation Year for Highly Educated  Persons;
9. Knowledge Migrants.

This list suggests that The Netherlands has decided to implement the Single Permit for a broader group of foreign employees than was required by the EU Directive, since the directive does not mention Intra-Company Transfers as being exempt from qualifying for the Single Permit. However, the Labor Office (UWV), which is responsible for issuing work permits, published its own announcement on the new Single Permit on March 7, and confirmed that Intra-Company Transferees will not be able to apply for the Single Permit and will still need to apply for a work permit and residence permit separately.

Since both Intra-Company Transfers and Knowledge Migrants do not qualify for the new Single Permit Pro-Link GLOBAL does not expect that the implementation of the Single Permit will have a large impact on its clients. However, companies planning to hire new foreign employees from outside the EEA/Switzerland shortly after April 1, 2014 should take into account that the implementation of the new Single Permit might initially cause delays in processing, while the governmental officials are getting used to the new process.