December 6, 2013
The IND has announced that it has come to an agreement with the Ministry of Foreign Affairs that, going forward, the MVV visa sticker for Knowledge Migrants (highly skilled migrants and scientific researchers) will state the employment status, which means that they are allowed to start working upon arrival in The Netherlands.
The MVV visa is a Schengen “D” Type visa that non-exempt nationals need to obtain prior to travelling to The Netherlands if they have the intention to stay for more than 3 months; in other words, if they have applied for a residence permit. The approval for the MVV visa is obtained together with the residence permit approval through the TEV procedure, which has been implemented in June 2013 (see our Global Brief from June 5, 2013, and earlier alerts referenced therein). Upon receipt of the approval, the foreigners need to visit the Dutch consulate with jurisdiction over their place of residence to have the visa endorsed in their passport.
Upon until now, Knowledge Migrants (and all foreigners) needed to make an appointment at the IND within a few days of their arrival to collect the Residence Permit card either an Expat Center an in IND office. In the case where the Residence Permit card was not ready, the foreign national would receive a sticking from the IND (“verblijfsaantekening”) that stated that they were allowed to start working which awaiting the issuance of the residence permit card. The employee was not allowed to work until this IND sticker was placed in their passport or they had received their Residence Permit card.
With this new change announced by the Ministry of Foreign Affairs, Knowledge Migrants who are now issued with a MVV visa that includes this new text are no longer required to make the aforementioned appointment immediately after their arrival – they now only need to visit the IND to collect their residence permit card once it is ready, for which no appointment is needed.
Note that dependents of Knowledge Migrants will not receive their status on the MVV sticker and therefore will still require either the IND sticker or the residence permit card to work. It should also be noted that the implementation of issuing this new sticker might take some time. For the immediate future your Pro-Link GLOBAL specialist will advise on a case to case basis if the received MVV sticker will allow work to commence upon arrival, or if an appointment at an IND office or Expat Center is still required for shortly after arrival to obtain an IND sticker or residence permit card to be able to start working.
Some of the Expat Centers offer possibilities to register at the Town Hall on either the company address or at a hotel, and all centers can issued the foreigner with the BSN (which is required for both salary purposes, and for opening a Dutch bank account which usually occurs through the Town Hall within a week from the date of the appointment). Thus, for Knowledge Migrants who plan to collect their residence permit card through the Expat Center it might still be useful to make an appointment for shortly after their arrival, especially when the foreigner does not have his or her own place of residence yet, or have dependents who want to start working shortly after arrival.
Please note that for foreign nationals who do not yet have their own place of residence in The Netherlands and are thus ineligible to register at the Town Hall, new options to obtain their BSN will become available as of January 6, 2014. Please refer to our Global Brief on this specific subject for more information.
ACTION ITEMS FOR EMPLOYERS
Employers do not need to take any action, but should take note of this change that will be implemented at all consulates across the globe soon, and which will allow their Knowledge Migrants to start working upon arrival.
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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 Pro-Link GLOBAL’s Knowledge Management team. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in The Netherlands to provide you this update.
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