Legal obligations (recognised) sponsor labour related purposes

As a (recognised) sponsoring employer, you must meet the following legal obligations:

• obligation to provide information
• duty to keep records and obligation to retain
• duty of care (only for recognised sponsors)

In addition, you are also responsible for the foreign national's return. You are not responsible for your employee's family members. The employee is the private sponsor for his or her family members. The employee also has legal obligations towards his or her family members and towards him- or herself.

Employees with a residence permit for seasonal labour or for gaining work experience are not allowed to bring over family members.

The recognised and non-recognised sponsoring employer both have an obligation to provide information. All changes that are relevant to the foreign national's right of residence must be reported to the IND. The recognised sponsoring employer must also report changes that may affect their status as a sponsor.

Changes with regard to the employee
You are obliged to report changes to the IND if such changes will affect the employee's right of residence. You must report the information within 4 weeks after the fact, circumstance or change occurred. Please use the notification form for labour-related residence purposes (recognised sponsor) or notification form for labour-related residence purposes (non-recognised sponsor). For Intra Corporate Transferees use the notification form Intra Corporate Transferees (recognised sponsor) or the notification form Intra Corporate Transferees (non-recognised sponsor).

For example:

• The employee no longer works for you.
• The employee no longer meets the income requirement or no longer has sufficient, long-term and independent means of support.
• The employee is no longer staying in the Netherlands or you no longer know where the employee is.
• The employee performing an individual healthcare profession, for which registration is required, is not registered in the BIG-register.
• The employee does not meet the professional qualifications that are applicable to the relevant sector.

If your employee has notified the municipality (BRP) on time that he or she is going to emigrate or move house within the Netherlands, it is not necessary to also report this to the IND. On time means either before the emigration or within 4 weeks following the relocation. The IND will then already have this information.

Changes with regard to the recognised sponsor
All changes that are relevant to the recognition as a sponsor must be reported to the IND. You must report the information within 4 weeks after the fact, circumstance or change occurred. Has the address of (the administration of) the company, organisation or legal entity changed? You must report this to the IND within 2 weeks. Please use the notification form for changes concerning the recognised sponsor. Or submit changes in the Business Portal, using eHerkenning. 

For example:

• A change to your company's legal status.
• A change to your company's business purpose.
• Termination of the company.
• The fact that criminal proceedings were instituted against one of the managing or executive directors of the recognised sponsor.
• Suspension of payment or bankruptcy.
• A merger or acquisition.
• Having changed contact persons within your organisation.
• Having changed the authorised/legal representative that submits applications on your organisation's behalf.
• A change of address of the administration of the company, organisation or legal entity. You must report this to the IND within 2 weeks. 

For more information on the obligation to provide information, please refer to Articles 4.17, 4.18, 4.22 and 4.23 of the Aliens Regulations (in Dutch).

You have a duty to keep records and an obligation to retain. The (recognised) sponsor must keep the following information about the employee in its records: 

• The employment contract, the appointment decision or the hosting agreement.
• The original work permit (if required) or the additional document accompanying the single permit (GVVA).
• A copy of the passport.
• In the case of a transfer of the employee within a group of companies: a statement from the foreign (parent) company and a statement from the business unit in the Netherlands.
• The payslips.
• In the case of a (regulated) profession such as a doctor: proof of registration in the BIG-register.

The recognised sponsor also must keep the following information about the employee in its records: 

• The antecedents certificate, completed and signed by the foreign national (only if there is no antecedents).

Sometimes other documents must be included in the administration. This depends on the employee's purpose of residence in the Netherlands. For information on which documents to include in the administration, per purpose of residence, refer to Articles 4.32 through 4.35a of the Aliens Regulations (in Dutch).

You must retain these records and documents for up to 5 years after the sponsorship has ended. The information may also be kept digitally. You can provide this information when the IND requests it.

Recognised sponsors have a duty to ensure a careful recruitment and selection of highly skilled migrants or employees who have been transferred within the company (Intra Corporate Transferees). You must also inform the highly skilled migrant transferee of the conditions for admission and residence which he or she must meet. More information on this is available in Article 1.4 of the Aliens Regulations (in Dutch) and Article 1.16 of the Aliens Decree (in Dutch).

The IND monitors your compliance with these legal obligations. Failure to meet these legal obligations may have consequences.