Inspection visits to recognized sponsors by the Immigration and Naturalization Service (IND)
Are you ready for it?
The current supervision by the Immigration and Naturalization Service (IND) of employers who have been designated as recognized sponsors by the IND is insufficiently effective. This is the conclusion of the Justice and Security Inspectorate in its report 'Between enforcement and service provision' that has been published on November 21, 2017. The IND is strongly committed to providing information, but according to the Inspectorate, it does not pay sufficient attention to signaling non-compliance and enforcement.
27 February 2018
The State Secretary responded to the investigation of the Justice and Security Inspectorate by means of a letter to the parliament. He endorses the conclusion of the Justice and Security Inspectorate and will implement the recommendations that have been made by them.
As a result of this, the IND will take measures to intensify compliance and enforcement. In 2018 the IND will perform inspection visits to employers acting as recognized sponsors. During these visits the IND checks whether the recognized sponsor complies with the requirements of Dutch immigration law. Under Dutch immigration law recognized sponsors have a duty to inform, a duty to administer and a duty of care.
Companies will be selected for an inspection visit on a random basis. In case your organization will be selected the IND’s Enforcement department will make an appointment with you. For this inspection visit the IND may ask you to provide documents from your administration. The IND grants residence permits based on recognized sponsors’ ‘own statements’. There is no in-depth application check by the IND upfront. By doing the inspections the IND will check whether your organization correctly and accurately meets the (permit) requirements: is the salary threshold met and does the recognized sponsor meet the duty to inform, duty to administer and duty of care requirements.
Duty to inform
As an employer you must report any changes to the IND within 28 days that could have an impact upon the employee’s right to reside, for example, if the employee no longer fulfils the salary requirement, if the contract has been terminated and if the employee repatriates to his country of origin. If your organization moves address this has to be reported within 14 days.
Duty to administer
As an employer you must keep and retain relevant information about your employee, for example, the employment contract, the work and/or residence permit, the salary specifications and a copy of the passport. Even if your organization no longer functions as sponsor for the employee you must still retain relevant details and documents for five years after the employment has been ended.
Duty of care
Employees must be recruited and selected carefully. You must also keep them updated about the admission and residence conditions that they have to fulfil.
Please feel free to contact us if you would like to know if your organization is being compliant with the requirements of Dutch immigration law.