Administrative fine for not meeting obligations

Last update: 8 June 2022

You can get an administrative fine if you do not meet your obligations. Find out when you will get an administrative fine and how much the fine is. Sponsors, recognised or not, sometimes also have to pay the costs of removal from the country. Find out what these costs are.

Check whether obligations are being met

This is how the IND checks whether you meet your obligations.

  • The IND requests information from the sponsor, recognised or not, or the foreign national.
  • The IND checks the records on location.
  • The IND requests information from other organisations.
  • The IND examines information or signals from others.

Has the check shown that you have not met one or more obligations? Then you are in violation.

Warning on first violation

You usually get a warning on the first violation. The IND places a record in your file. A warning is valid for 2 years. Have you not committed a new violation during those 2 years? Then the IND removes the record from your file.

Administrative fine on repetition of violation or serious violation

Have you violated the same obligation within 2 years? Or have you committed a serious violation? Then you will get an administrative fine. We can also impose a fine without a warning in advance. Serious violations are, for example:

  • violation of the duty of care by a recognised sponsor;
  • violation of the obligation to provide information that leads to withdrawal of the residence permit or recognition as a sponsor.

The IND can impose an administrative fine up to 5 years after you have violated a legal obligation.

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  • Administrative fine for sponsor

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  • Administrative fine for foreign national

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Procedure for imposing administrative fine

The procedure has the following steps.

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  • Step 1. Fine report and Intention

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  • Step 2. Views on Intention

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  • Step 3. Final decision

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  • Step 4. Objecting to administrative fine

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Amount of administrative fine

The administrative fine is up to €1,500 per violation. For legal entities, companies and other organisations it is up to €3,000 per violation.

Lower administrative fine

The IND lowers the administrative fine in the following cases.

  • In case of a less serious violation.
    This is, for example a violation of the obligation to provide information that does not lead to withdrawal of the residence permit. Or an unrecognised sponsor’s violation of the obligation to keep and retain records. The IND lowers the maximum amount of the fine to 50%.
  • In case of less culpability.
    After assessing the seriousness of the violation, the IND sees whether the violation is your fault. Is the violation not entirely your fault? Then you are less culpable. The IND lowers the remaining amount of the fine (once again) by 50%.
  • In certain situations, the IND can decide to lower the fine even further. For example if you earn less than the minimum wage.

Higher administrative fine

Have you violated the same obligation again within 2 years? Then the IND will raise the administrative fine by 50%.

Inability to pay administrative fine

Do you not have enough money to pay the fine? In some cases your fine can be lowered. You can also ask for a payment arrangement. 

Fill in the correct form and send it to the IND. 

Paying costs of removal

Does the foreign national no longer have a residence permit? Then the foreign national must leave the Netherlands. Does the foreign national not leave on his or her own initiative? Then the government can remove the foreign national from the country. The IND can have the sponsor pay the costs of removal. What if the IND cannot have the sponsor pay the costs? Then the foreign national must pay the costs of removal.

These are the costs concerned:

  • transport to the airport or the border;
  • the airline ticket;
  • the travel document. 

Situations in which the sponsor does not have to pay the costs of removal

  • A transport company (usually an airline company) has to pay the costs.
  • The costs must be paid 1 year or more after sponsorship has stopped. 
  • The costs must be paid 6 months or more after the host agreement has stopped. This applies to foreign nationals with a residence permit for research under Directive 2005/71/EC or 2016/801. 
  • The foreign national has a different sponsor.
  • The foreign national’s residence permit has been changed. Or the foreign national has received a permanent residence permit.
  • The foreign national has become a Dutch citizen.
  • The foreign national has died.
  • The sponsor can prove that the foreign national has departed on his or her own initiative to a country where he or she may stay.
  • The sponsor has been declared insolvent; the company has been dissolved and deregistered from the Commercial Register of the Chamber of Commerce (KvK).
  • The sponsor is undergoing debt restructuring.
  • The sponsor has died.