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Legal obligations recognised sponsor study

‚ÄčAs a recognised sponsor for the purpose of studies, you submit residence applications for the students 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 studies, you must meet the following legal obligations:

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

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

Obligation to provide information

As a recognised sponsor for the purpose of studies, you have an obligation to provide information. All changes that are relevant to the students' 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 student
You are obliged to report changes to the IND if such changes could affect the student's right of residence. You must report the information within 4 weeks after the fact, circumstance or change occurred. Please use the notification form for study purposes.

For example:

  • The student will no longer be coming to the Netherlands or has left the Netherlands.
  • The student has made insufficient progress with his or her studies.
  • The student no longer attends full-time education.
  • The student is no longer making an appearance at the educational institution.
  • The student has discontinued the education or has completed his or her studies before the planned end date.
  • The accreditation for the programme that the student is enrolled in has lapsed.
  • The student no longer has sufficient, long-term and independent means of support at the start of the academic year.
  • The student is going to study at the educational institution and already has a residence permit for study purposes.

You do not need to report confidential information about a student. Unless it has to do with the financial status of the student. A student namely must have sufficient funds to pay for his education and livelihood.

If the student 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
You must report all changes that may influence your recognition as a sponsor. All changes that are relevant to the 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:

  • Termination of the organisation.
  • Suspension of payment or bankruptcy of the organisation.
  • The educational institution is no longer registered with the register administrator for the code of conduct for international students in higher education.
  • Your educational institution no longer provides educational programmes in relation to the development cooperation policy of the Ministry of Foreign Affairs.
  • Your educational institution no longer provides educational programmes in relation to the Cultural Policy (Special-Purpose Funding) Act.
  • Your educational institution is no longer accredited by the International Baccalaureate Organisation.
  • Your educational institution is no longer funded under the Secondary Education Act.
  • Your educational institution is no longer part of an international organisation that exchanges pupils worldwide.
  • 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, 4.20 and 4.21 of the Aliens Regulations (in Dutch).

Duty to keep records

You have an obligation to keep records and to retain with regard to documents concerning the student's admission. You must include information on the student in your records.

For students, you will include the following information in your records:

  • The student's provisional and final enrolment. You must do this for the first year of enrolment and for all subsequent years for which the student enrols. For an exchange student, you must keep the declaration of enrolment.
  • Registration of the student's progress.
  • Registration of a student showing insufficient progress due to a personal circumstance. You must also keep record of the fact that you are not disenrolling the student.
  • Supporting documents showing that the student has sufficient, long-term and independent means of support, which contributed to the educational institution's acceptance of the student. The student has various ways of showing such means of support.
  • A declaration (or declarations) in which the student declares to have sufficient, long-term and independent means of support.
  • Supporting documents showing that the Netherlands is the most suitable country for the student to enjoy secondary and vocational education.
  • Supporting documents showing that the student can make a positive contribution to his or her country as a student enrolled in secondary and vocational education.
  • Supporting documents showing that the student is following the International Baccalaureate Diploma Programme.

You must also include the student's home address in your records.

For more information on which documents to include in your records, please refer to Articles 4.29 through 4.31 of the Regulations on Aliens.

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.

Duty of care

You have a duty of care towards your students. This duty of care entails that you will ensure that only students who are eligible for admission to the programme are recruited.

You also have to inform the student about relevant laws and regulations, such as the rules concerning working in the Netherlands. If a student wants to work, the employer must have been issued a working permit (TWV) and has to meet all requirements for the residence permit. The student is only allowed to work up to a maximum of 16 hours a week. If the student is working for more hours a week than allowed or if the employer was not issued a TWV for you, then this will be considered illegal employment and a violation of the Foreign Nationals Employment Act. The fines for this infringement are high. The SZW Inspectorate is charged with monitoring compliance with the Foreign Nationals Employment Act.

Enforcement

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