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Legal obligations recognised sponsor researcher (Directive (EU) 2016/801)

‚ÄčAs a recognised sponsor, you submit applications for a residence permit for the researchers 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 researcher, you must meet the following legal obligations:

  • obligation to provide information
  • duty to keep records and obligation to retain

In addition, you are also responsible for the foreign national's return. You are not responsible for the researcher's family members. The researcher is the private sponsor for his family members. The researcher also has legal obligations towards his family members and towards himself.

Obligation to provide information

You have an obligation to provide information. All changes that are relevant to the researcher's 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 researcher
You are obliged to report changes to the IND if such changes could affect the researcher's right of residence. You must report the information within 4 weeks after the fact, circumstance or change occurred. Please use the notification form research.

For example:

  • The researcher is no longer performing research at the research institution.
  • The researcher is no longer affiliated with the research institution.
  • The researcher no longer has sufficient, long-term and independent means of support.

If the researcher 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
All changes in your organisation that may affect your 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 example:

  • The research institution is no longer included in the Annex to the Higher Education and Research Act
  • The research institution is no longer a public research institution as referred to in Article 1d(1), under (b), of the Foreign Nationals Employment Act (Implementation) Decree.
  • The research institution is no longer included in the National Academic Research and Collaborations Information System.
  • The Research and Development statement under the Salaries Tax and National Insurance Contributions (Reduced Remittances) Act has been revoked.
  • A change of address of the administration of the company, organisation or legal entity. You must report this to the IND within 2 weeks.

For more information on the obligation to provide information, please refer to Articles 4.17, 4.18 and 4.24 of the Aliens Regulations (in Dutch).

Duty to keep records

The recognised research institution has a duty to keep records and an obligation to retain. The recognised sponsor must keep important information on the researcher in its records. 

  • The hosting agreement between the research institution (recognised sponsor) and the researcher.
  • A copy of the suitable higher education diploma granting access to graduation programmes.
  • The self-declaration showing that the foreign national has lasting and sufficient means of support and the underlying supporting documents.

For more information on which documents to include in your records, please refer to Articles 4.36 and 4.37 of the Regulations on Aliens (in Dutch).

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.

Enforcement

The IND monitors your compliance with these legal obligations. Failure to meet these legal obligations may hold consequences.