For businesses in the Netherlands employing highly skilled migrants, staying on top of the Dutch Immigration and Naturalization Service (IND) compliance requirements is crucial. While many HR systems are excellent at keeping things running smoothly, there are still some compliance matters that can be easily overlooked. It’s important to recognize that even the best systems can miss certain key areas, which could leave you exposed to potential risks. This often happens because staying compliant with the IND requires consistent updates and attention. Even minor oversights can lead to penalties or, worse, the loss of sponsor status.
Compliance isn’t a one-time check but an ongoing process that requires proactive management. Time moves quickly, and so do the requirements. With so many regulations already on your plate, our goal is to make staying compliant easier, so you can focus on what truly matters. To help you begin this compliancy journey, consider these questions and key checks:
Compliance Checks
- Do the highly skilled migrants still really have the status of highly skilled migrant or have some of them become 'partners of' in the meantime? If the notification is made too late to the IND, this might have potential consequences.
- Is there a newly completed and signed antecedents declaration in the file for each extension of a highly skilled migrant? These may not be backdated and must be done automatically each time.
- Do the dates of the employment contracts always match the exact dates of the temporary residence permit? The end date must match exactly (there was even a discussion with the IND among clients whether the end date is until or until and including).
- Are highly skilled migrants actively informed by the Recognised Sponsor about their rights and obligations as sponsors for their family members?
- The timely notification by the Recognised Sponsor to the IND that a highly skilled migrant has left the company.
- Changes regarding the highly skilled migrant must be reported to the IND as soon as possible, including details like a change of administrative address, contact person, director of the BV, statutory name, and more. What can be confusing for sponsors is that most changes must be reported within 4 weeks, but some need to be reported within just 2 weeks. It's important to know the specific timeline for each change.
- Is the validity of the passport checked in the interim or does this check only take place when the residence permit is extended?
- Is the correct current salary standard being applied? If highly skilled migrants turn 30 and or change employers at that age, a different salary standard must be followed. Additionally, if someone is under 30 and earns the minimum salary according to IND, but their income increases in the following year, the recognised sponsor must offer the migrant the updated minimum salary when extending their sponsorship.
- Are the most recent IND forms used for each new application? The versions change regularly and new data is requested.
Keep in mind
These are just a few of the general factors that can impact your local compliance. Regularly reviewing the status of your highly skilled migrants is essential for staying on top of ever-changing regulations. That’s why, at YourExpats, we’ve developed an integrative platform that seamlessly connects with your existing HR system. With this platform, you'll receive key reminders for each applicant, ensuring that no compliance tasks are overlooked thanks to seamless automation. Instead of scrambling to gather dispersed information, everything you need is centralized in one place, saving you time and reducing risk.
Book your demo here and find out more about how this platform can work for you and your team.
