The system is designed to make the admissions process quicker and more efficient. This makes it easier to attract highly qualified students, researchers and employees to the Netherlands. When a recognised sponsor submits an application, the decision period is generally two weeks. In practice, this results in a very high granting rate of around 99 percent. The IND can decide so quickly because the recognised sponsor checks in advance whether an applicant meets all the requirements.
This means that some of the verification work shifts to the organisation itself. A recognised sponsor does not usually need to submit extensive supporting documents with the application. Instead, the organisation keeps these documents in its own records. These include, for example, qualifications, employment contracts, proof of sufficient income or proof that a student can afford the tuition fees. A second advantage is that the IND often issues the residence permits for longer periods. For employees and researchers, for example, the permit can be valid for the duration of the contract. For students, the permit is issued for the duration of the degree programme.
Obligations
These benefits are accompanied by clear obligations for recognised sponsors. The most important of these are the duty to provide information, the duty to keep and retain records and the duty of care. The duty to provide information means that organisations must report relevant changes to the IND. This could be the case, for example, when an employee leaves their job, a student drops out of their course or transfers to another educational institution, or when a company goes into liquidation. For example, if a student is granted a four-year permit but stops studying after just one year, the IND needs to be aware of this in order to assess whether it must amend or revoke the permit.
The obligation to keep and retain records means that the organisation must retain all relevant documents and make them available to the IND upon request. This can be done either in person or online. The duty of care means that recognised sponsors must inform foreign workers, students or au pairs about their rights and obligations in the Netherlands. This includes, for example, registering with the municipality, taking out health insurance or other practical obligations associated with living in the Netherlands.
Additional rules apply in some sectors. For example, students must study at an accredited institution, as set out in the code of conduct for higher education. Au pair agencies also have additional obligations: they must maintain regular contact with the au pair and have an emergency number that can be reached in the evenings and at weekends.
Special team
To support organisations in their role as recognised sponsors, the IND has set up a special team dedicated to managing relationships with business clients. This team assesses applications for recognition, provides information on legislation and regulations, and organises meetings for businesses and institutions.
A small percentage of organisations have a dedicated relationship manager. This would only be the case at the largest companies, educational institutions and at all au pair agencies. The approximately 150 largest companies together account for around 75 percent of all applications.
Supervision and Enforcement
In addition to relationship management, the IND monitors compliance with the rules. Reports of possible breaches may, for example, come from the organisations themselves, from within the migration chain, or via reports from third parties. These reports are assessed by a specialist team, which considers the seriousness of the breach and whether an organisation has made mistakes in the past. Furthermore, the IND also monitors compliance itself by carrying out random checks.
Not every breach automatically results in a fine. The IND uses a so-called three-tier enforcement pyramid. At the bottom is the green zone: the IND often resolves relatively minor breaches with a meeting, by providing information or with a corrective action plan. In the orange zone, for example, warnings or fines may be issued. The red zone applies to serious or repeated offences, in which cases the IND may revoke recognition or, in very serious cases, report the matter to the police.
In the case of companies that employ highly skilled migrants, the IND scrutinises issues such as underpayment, as the salary is a key requirement for residence. In the education sector, the focus is often on international students dropping out of their studies prematurely. In the case of au pairs, the focus is primarily on the duty of care, for example, ensuring that the au pair does not work too many hours or that a family does not use the au pair as a source of cheap labour. The basic principle is that enforcement is primarily aimed at improving compliance with the rules.
Besides recognised sponsors, there are also ‘regular’ sponsors. However, organisations or companies that are ‘regular’ sponsors have not been screened by the IND, so the benefits of a faster procedure do not apply.