The IND (decision moratorium) does not reject current asylum applications, but does not grant residence permits either. Nor does the IND process new asylum applications from this group. During the moratorium, the Repatriation and Departure Service (DT&V) (departure moratorium) does not send asylum seekers who have exhausted all legal means back to the conflict area. So a decision and departure moratorium actually consists of two parts which, in practice, are always instituted together.

There is reception, but no family reunifications

All asylum seekers who come under the moratorium have a right inter alia to reception and healthcare in the Netherlands. Because these asylum seekers do not yet have residence permits, they cannot have family members come to the Netherlands. Such a permit is in fact a condition for family reunification. 

Stop in uncertain situations

Instituting a decision and departure moratorium enables the State Secretary of Justice and Security to wait and see how a conflict develops, because this situation is expected to be uncertain in any case for a short period. Violence can flare up, but the situation in the country or territory can also become more stable. Because of this asylum seekers may have additional reasons in that period to apply for asylum, but it is also possible that these reasons will actually disappear.

In the starting period of a conflict there is not much information about the situation in the territory. A moratorium enables the Ministry of Foreign Affairs to investigate this. Based on the outcomes, the Ministry of Justice and Security makes well substantiated policy for the conflict area, with rules and guidelines for asylum applications. That can take some time..

A half year initially

A decision and departure moratorium initially lasts six months. The State Secretary can extend the moratorium by another six months. A departure moratorium can last one year at most, but a decision moratorium does not have a legal maximum. In practice, because it is a temporary means, it often last one year at most. 

For a country, territory or group

The moratorium can apply to a country, territory or to a certain group of people. Countries to which a decision and departure moratorium applied in the past are, for example Ukraine and Afghanistan. An example of such a group: Russian men from 18 to 27 years old who have been called up but refuse military service because of the war in Ukraine. 

A decision moratorium applies only to people with the nationality of the country to which the moratorium applies. A departure moratorium applies to everyone who is sent back to that country after a rejection. This is to prevent that this group can also end up in an unsafe situation. 

Postponement of decisions

Because at the time of a moratorium there is no policy against which the applications can be tested, the IND does not take decisions during the moratorium. We postpone decisions on current applications and extend the decision period by one year, up to 21 months at most. When new applications are received, we only hold an initial interview (application interview) to determine whether the person falls under the moratorium. If so, we pause the process afterwards. If someone falling under the moratorium has received a rejection before and has appealed against it, then the IND withdraws the case until there is clarity.

Sometimes indeed a decision

In some cases the IND does take a decision on an asylum application during a moratorium. If someone already has a residence permit in a different European country or has applied for asylum there earlier, then we reject the application. We do so because in this situation the other country is then responsible for the asylum application (Dublin Regulation). 

And when the extended decision period of 21 months has been reached, we get back to the application again. Then the IND first sees if someone has a right to a residence permit because of personal circumstances. For example if someone is unsafe in his/her own country because of their faith or sexual preference. Is that not the case? The fact that there is insufficient information means that the IND cannot assess what the risk would be on return. But this also means that it is not certain that a person would not be endangered in the conflict area. That is why in principle this asylum seeker receives a positive decision and therefore a residence permit. Except if there are signs that someone has for example committed war crimes or poses a danger to Dutch society. 

The purpose of this scheme is to stimulate the knowledge economy by attracting and retaining highly skilled workers. In 2023, the scheme was used almost 13 thousand times. Other admission schemes for highly skilled migrants are the European Blue Card and schemes for scientific researchers, staff who work at a foreign branch of an international company (ICT Directive) and self-employed entrepreneurs, among others. 

Recognised sponsors

A highly skilled migrant who comes to the Netherlands under the national highly skilled migrant scheme does not apply for residency independently. The future employer does this for the highly skilled migrant. Only companies recognised by the IND can submit such an application. The IND calls these companies ‘recognised sponsors’. A recognised sponsor has access to an accelerated application process for highly skilled migrants. However, the company also has legal obligations: a duty to keep records, a duty to provide information and a duty of care.

A company can apply to the IND to become a recognised sponsor. The IND will then assess the reliability, continuity and the financial health of the company. If those requirements are met, the IND will register the company as a recognised sponsor. All recognised sponsors are recorded in a public register that is available on the website of the IND. This register contains around 10 thousand recognised sponsors.

Application for a highly skilled migrant

A recognised sponsor has to apply for only one document for work and residence in the Netherlands. The IND usually processes applications for highly skilled migrants within a couple of weeks. The IND checks whether the salary criterion is met, among other things. The minimum salary for a highly skilled migrant under this scheme is around 5 thousand euros, unless they come under the reduced salary criterion, or are aged below 30. This salary must be in conformity with the market, which means that the same is earned as the average for a comparable job. To assess this, the IND can request a recommendation from the Employee Insurance Agency (in Dutch: Uitvoeringsinstituut Werknemersverzekeringen or UWV). 

In addition, the highly skilled migrant must sign a statement that they did not commit any crimes and there must be an employment contract. The recognised sponsor must make sure that all documents are complete and the IND will check the application.

Giving an explanation to the recognised sponsor

The IND has different ways to provide information to recognised sponsors about their role. This includes information about the different processes, the legislation and what is expected from recognised sponsors. The purpose is for all recognised sponsors to comply with the requirements. This is especially important for companies who are recognised sponsors for the first time. For them, the IND organises (online) information meetings and theme sessions, and sends newsletters, among other things. We know from experience that most recognised sponsors comply with the requirements of the scheme. After all, they have an interest in bringing highly skilled migrants to the Netherlands. 

Enforcement when necessary

The IND checks retroactively whether the recognised sponsor still meets the requirements for recognition and whether it complies with the legal obligations. In recent years, the IND has made more and more intensive efforts for monitoring and retroactive enforcement. It is not feasible to investigate all recognised sponsors annually. Therefore, the IND carries out random checks.  Attention is paid to signs emerging from desk investigation, reports and information from company visits. For this purpose, the company regularly works together with the Netherlands Labour Authority (in Dutch: Nederlandse Arbeidsinspectie or NLA). 

If a recognised sponsor does not comply with the requirements, the IND can issue a written warning, possibly followed by an administrative fine. In addition, it is possible to suspend a company or withdraw recognised sponsorship. Suspension or withdrawal of recognition can affect the assessment of new applications for residence of highly skilled migrants who wish to work for the company in question. For example, processing will be put on hold or highly skilled migrants’ residence permits will be withdrawn.

Employment agencies and payroll companies

Recognised sponsors can currently supply their highly skilled migrants to other companies via assignment or payrolling. The employment agency or payroll company is then legally the employer and takes care of all bookkeeping, but the highly skilled migrant actually works for another company in the Netherlands. 

Because of this construction, the recognised sponsor has little insight into the actual activities and working conditions of the highly skilled migrant, and neither does the IND as a result. This has the attention of the IND and has also been communicated to the Ministry of Justice and Security. Together with the Ministry of Social Affairs and Employment and in consultation with the Ministry of Economic Affairs and Climate Policy, it is being investigated whether supplementary legislation is necessary for supplying agencies that act as recognised sponsors. In case of a policy change or amendment of regulations, the House of Representatives will be informed.