As a recognised sponsor for the purpose of studies, you submit residence applications for the students 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:
In addition, you are also responsible for the student's return. You are not responsible for the student's family members. The student is the private sponsor for his or her family members. The student also has legal obligations towards his family members and towards himself.
As a recognised sponsor for the purpose of studies, you have an obligation to provide information. All changes that are relevant to the students' right of residence must be reported to the IND. You must also report changes that may affect your status as a sponsor.
Changes with regard to the student
You are obliged to report changes to the IND if such changes could affect the student'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 study purposes.
You do not need to report confidential information about a student. Unless it has to do with the financial status of the student. A student namely must have sufficient funds to pay for his education and livelihood.
If the student 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
You must report all changes that may influence your recognition as a 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 more information on the obligation to provide information, please refer to Articles 4.17, 4.18, 4.20 and 4.21 of the Aliens Regulations (in Dutch) and article 4.53 Aliens Decree (in Dutch).
You have an obligation to keep records and to retain with regard to documents concerning the student's admission. You must include information on the student in your records.
For students, you will include the following information in your records:
You must also include the student's home address in your records.
For more information on which documents to include in your records, please refer to Articles 4.29 through 4.31 of the Regulations on Aliens.
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.
You have a duty of care towards your students. This duty of care entails that you will ensure that only students who are eligible for admission to the programme are recruited.
You also have to inform the student about relevant laws and regulations, such as the rules concerning working in the Netherlands. If a student wants to work, the employer must have been issued a working permit (TWV) and has to meet all requirements for the residence permit. The student is only allowed to work up to a maximum of 16 hours a week. If the student is working for more hours a week than allowed or if the employer was not issued a TWV for you, then this will be considered illegal employment and a violation of the Foreign Nationals Employment Act. The fines for this infringement are high. The SZW Inspectorate is charged with monitoring compliance with the Foreign Nationals Employment Act.
The IND monitors your compliance with these legal obligations. Failure to meet these legal obligations may hold consequences.