Labour migration

Every year, people come to the Netherlands to work here, either temporarily or for a longer period. The rules that apply to them depend on, amongst other things, their nationality, the type of work they will be performing and the length of their stay. Consequently, various government organisations are also involved in the admission, residence and supervision of work migrants.

The IND decides on residence applications from workers from outside the European Union who require a residence permit to work in the Netherlands. Other organisations, such as the UWV, the Dutch Labour Inspectorate, municipalities and the police, each have their own statutory duties.

Free movement

The free movement of persons applies for workers from the European Union, the European Economic Area (EEA) and Switzerland. They do not need a residence permit or work permit to live and work in the Netherlands. Employers can employ them without permission from the IND or the UWV. However, just like other residents of the Netherlands, they must comply with the rules. Rules like registration in the Personal Records Database (BRP) and, depending on the situation, registration with the municipality.

Workers from outside the European Union are subject to different rules. In many cases, a residence permit is required, and sometimes a work permit is also required. Which procedure applies depends on the individual’s personal circumstances and the purpose of their stay.

UWV

Both the UWV and the IND may be involved when an employer applies to employ a foreign national. In appropriate cases, the UWV assesses if an employer can hire an employee from outside the European Union. The assessment examines, for instance, if the employer has been unable to fill the vacancy with a worker from the Netherlands or the European Union. If the employee also requires a residence permit, the IND will decide on that application. In the case of a single permit (combined residence and work, GVVA), the UWV issues a recommendation on the work-related part of the application. After, the IND decides on the permit in its entirety.

Highly skilled migrants

A different procedure applies for some categories of workers. Under the highly skilled migrants’ scheme, employers recognised by the IND as sponsors can recruit foreign workers for roles requiring specific knowledge or expertise. Highly skilled migrants are subject to a salary threshold, however. This scheme does not require a job market test by the UWV.

International treaties

International treaties can also influence the rules on labour migration. Turkish workers occupy a special position in this regard. They are not covered by the free movement of workers within the European Union but can derive rights from the Association Agreement between the European Union and Turkey. Depending on the duration and nature of their lawful employment, they may accrue additional entitlements. The entitlements that apply differ depending on the individual situation. There are also separate arrangements for self-employed persons from the United States and Japan, based on trade and friendship treaties.

Posting

Not all work migrants are employed directly by a Dutch employer. Some of them work on a posting (temporary assignment). In such cases, a worker remains in the employ of an employer in another EU country while performing work in the Netherlands on a temporary basis. European and Dutch rules apply for posted workers. Among other things, employers must register posted workers via an online registration portal.

Illegal

Work migrants may also be residing here illegally. This happens, for example, if someone stays longer than their visa or permit allows. These workers are also often victims of underpayment, poor housing and exploitation. Depending on the situation, the Aliens Police, Identification and People Trafficking Department (AVIM) may take enforcement action against those residing in the country illegally. The Dutch Labour Inspectorate can act against employers in cases of illegal employment or where there are indications of labour exploitation, for example by imposing fines. 

Public nuisance

Work migrants can sometimes cause public nuisance. The IND can assess in that case if the person is a legal resident or if their legal residence has since come to an end. In the event of criminal offences or public nuisance, it is up to other organisations to act. The police and the Public Prosecution Service are responsible for investigating and prosecuting criminal offences. Municipalities have responsibilities in areas such as registration, quality of life and public order. In some cases, criminal convictions or other relevant circumstances may affect a person’s right of residence. That depends on the person’s residence status and on national and European legislation. In this regard, different rules apply to EU citizens than to workers from outside the European Union.