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Legal obligations recognised sponsor exchange

‚ÄčAs a recognised sponsor for exchange purposes, you submit applications for a residence permit for the au pairs or young persons taking part in exchange programmes that you want to bring to the Netherlands. Here, you must meet several legal obligations. This page explains these obligations.

As a recognised sponsor for the purpose of studies, you must meet the following legal obligations:

  • obligation to provide information
  • duty to keep records and obligation to retain
  • duty of care

In addition, you are also responsible for the return of the au pair or the young person taking part in an exchange programme. The au pair or the young person taking part in an exchange programme also has legal obligations.

Obligation to provide information

As a recognised sponsor for exchange purposes, you have an obligation to provide information. All changes, that are relevant to the right of residence of the au pair or the young person taking part in an exchange programme, must be reported to the IND. You must also report changes that may affect your status as a sponsor.

Changes with regard to the au pair or the young person taking part in the exchange programme
You are obliged to report changes to the IND if these changes could affect the right of residence of the au pair or young person taking part in the exchange programme. You must report the information within 4 weeks after the fact, circumstance or change occurred. Please use the notification form for exchange purposes.

For example:

  • The host family and the au pair are not complying with the agreed daily work routine or the daily work routine has changed to such a degree that the requirements are no longer being met.
  • The au pair or young person taking part in the exchange programme is performing work in violation of the Foreign Nationals Employment Act.
  • The au pair or young person taking part in the exchange programme goes to live with a different host family.
  • The young person taking part in the exchange programme performs work that is not included in the approved exchange programme.
  • The composition of the host family changes.
  • The host family no longer has a sufficient, independent and sustainable income.
  • The young person taking part in the exchange programme no longer has sufficient, long-term and independent means of support.
  • The au pair or young person taking part in the exchange programme is no longer living with a host family.
  • The young person in question is no longer taking part in the exchange programme.
  • The sponsor knows of or suspects irregularities, malpractice or abuse.

If the foreign national has informed 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 may affect your 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:

  • You are no longer able to meet the conditions of careful recruitment and selection of the young persons taking part in exchange programmes, the au pairs or the host families.
  • You are no longer able to meet the conditions for monitoring the compliance with the daily work routine agreed to between the au pair and the host family.
  • You are no longer able to meet the conditions for monitoring the activities carried out by the young person taking part in the exchange programme.
  • You plan on changing the exchange programme.
  • The Netherlands Youth Institute has amended your accreditation.
  • 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, 4.19 and 4.19 of the Aliens Regulations (in Dutch).

Duty to keep records

The recognised sponsor has a duty to keep records and an obligation to retain. The recognised sponsor must keep certain information on the foreign national in its records.

For au pairs and young persons taking part in exchange programmes, the sponsor must keep the following information in its records:

  • The daily work routine agreed to between the au pair and the host family.
  • The name and address of the main persons (heads of the family) of all host families where the au pair or young person taking part in an exchange programme is living or has lived, the period for which the au pair or young person in question stayed with the family and the composition of the host family.
  • Supporting documents showing that the host family of the au pair or young person taking part in an exchange programme has sufficient, independent and sustainable income.
  • The declaration of awareness signed by the host family and the au pair.

You must keep the following information in your records in connection with how you meet your obligations as a sponsor:

  • A summary of the dates and reports from the au pair or young person taking part in the exchange programme, regarding the host family, and the sponsor's conclusions.
  • A summary of the dates and actions relating to the sponsor's efforts to ensure that the au pair and host family comply with the arrangements for the daily work routine.
  • A summary of the dates and actions indicating how the sponsor reacted to problems, malpractice, abuse or an emergency situation.
  • A summary of the dates and actions relating to the sponsor's efforts to check on the welfare and well-being of the au pair or young person taking part in the exchange programme.

For more information on which documents to include in your records, please refer to Article 4.28 of the Regulations on Aliens (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.

Duty of care

You have a duty of care. The duty of care also applies to au pairs and young persons taking part in the exchange programme.

You will take care of the following aspects:

  • Diligent mediation between the au pair, or the young person taking part in the exchange programme, and the host family.
  • The host family is carefully selected.
  • The au pair or young person taking part in the exchange programme will not be placed with a host family if the host family is known as or suspected of being abusive.
  • The host family and the au pair or young person taking part in the exchange programme are informed of the relevant laws and regulations during the recruitment and selection phase.
  • The sponsor will satisfy him- or herself and ensure that the host family and the au pair or the young person taking part in the exchange programme will meet these obligations.
  • The sponsor will satisfy him- or herself of the welfare and well-being of the au pair or the young person taking part in the exchange programme during his or her stay/residence with the host family.
  • The au pair or the young person taking part in the exchange programme can always direct questions or complaints to the sponsor.
  • The sponsor will take suitable action when receiving reports of, becomes aware of or has a suspicion of abuse or malpractice.
  • The au pair will be informed about the existence and function of the Au Pair Information Line (Meldpunt Misbruik au pairs).

For more information, please refer to Articles 1.5 and 1.6 of the Aliens Regulations (in Dutch).

Enforcement

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