When a highly skilled migrant leaves the Netherlands, HR teams often assume that once the employee deregisters from the BRP (Basisregistratie Personen in Dutch), the case is closed. But is that actually what happens?
In this article we will walk you through all the details of this process and show you how that looks like for recognised sponsors. To start with, BRP deregistration and IND reporting obligations are two separate matters. Curious to know more? Scroll down…
If the employee deregisters from the BRP, do we still need to notify the IND?
In short: yes. When employment ends, this must always be reported to the IND. This also applies if:
- The employment end date matches the residence permit expiry date;
- The employee has already left the Netherlands;
- The employee deregistered correctly and on time.
The sponsorship ends when the employment relationship ends. The recognised sponsor must notify the IND of this change within four weeks of the end of employment, pursuant to Article 4.23 of the Aliens Regulations 2000 (Voorschrift Vreemdelingen 2000). Even if the employee deregisters from the municipality on time, this separate reporting obligation to the IND remains in effect.
What if the employee leaves the Netherlands but remains employed?
If the highly skilled migrant continues working for the recognised sponsor but no longer resides in the Netherlands (and didn’t deregister from the BRP within the legal deadline) the employer must report that the employee is no longer residing in the Netherlands (Article 4.18 of the VV).
When doing so, it is advisable to include:
- Reason for departure;
- How long the employee is expected to stay abroad;
- A confirmation that the employment relationship continues.
Please note: highly skilled migrants must maintain their main residence in the Netherlands. If they spend more than eight months abroad within a 12-month period, the IND may determine that their main residence has moved abroad. This may lead to the withdrawal or non-renewal of the residence permit.
Because the consequences can be significant, it is important for employers to monitor prolonged stays abroad and assess whether the employee’s main residence remains in the Netherlands.
What if both employment and residence end?
Even if, as a recognized sponsor, you have already informed the IND that the employee no longer resides in the Netherlands, the end of the employment must still be reported separately. One notification does not replace the other.
Long story short
Deregistering from the BRP does not replace the obligation to notify the IND. This is one of the most important points to remember and resolves almost all uncertainty for HR teams.
Why? Because they are two separate authorities. Once you treat them as such, the logic becomes clear: notification is always required, whether the employment ends on the same date as the residence permit, the employee leaves the country but continues working, or both situations occur simultaneously.
If employment ends, it must always be reported. If the employee leaves the Netherlands but remains employed, this may also require notification. And reporting one change does not cancel the obligation to report the other.
For recognised sponsors, residence status and employment status must be monitored and assessed separately. At YourExpats, we do have a solution for this monitoring without adding more to your plate. Check out our platform or reach out to us without any commitment. Our team would happily meet you!
