Employing a foreign national

Employees with nationality of EU/EEA member state or Switzerland

Do you want to employ a foreign national with the nationality of an EU/EEA Member State or Switzerland? EU law provides for free movement of persons. This means that your employee is free to work in the Netherlands and does not need a residence permit and does not need a work permit (in Dutch: tewerkstellingsvergunning or TWV).

Employees with other nationalities

Does the employee not have the nationality of an EU/EEA member state or Switzerland? It depends on how long your employee will stay in the Netherlands if they need a visa or residence permit.

Stay for less than 90 days

Will the employee come to work in the Netherlands for a maximum of 90 days? In that case the employee may need a short stay visa. Whether a short stay visa is needed depends on the employee’s nationality. In addition, you usually need to apply for a work permit (TWV) for the employee. 

Frontier workers

Is the employee a frontier worker? In that case their work in the Netherlands is also seen as a short stay period.

Stay for more than 90 days

The employee needs a residence permit to work and stay for more than 90 days in the Netherlands.
 

Various residence permits make it possible to work in the Netherlands. Which residence permit your employee needs often depends on the type of work.

Knowledge and talent residence permits

• Intra-corporate transferee residence permit: the employee works at a company outside the European Union (EU). The employee will be transferred to a branch in the Netherlands as a trainee, manager or specialist. 
• Highly skilled migrant residence permit: the employee is going to work in a highly skilled job. A highly skilled job is a job for which a high level of education is needed. A salary requirement applies.
• Residence permit European Blue Card: the employee is going to perform highly skilled work within the EU. This is work for which a high level of education is needed. A salary requirement applies.
• Residence permit for researchers under Directive (EU) 2016/801: the employee is going to work as a researcher under Directive (EU) 2016/801. The employee may receive a grant instead of a salary.
• Residence permit for essential start-up personnel: the employee is going to work at a start-up in the Netherlands. The employee will be given an essential role there to help in the growth of the start-up. The employee will receive a salary and a financial participation for employees.

Residence permit paid employment

• Employees with work in paid employment need a single permit (in Dutch: gecombineerde vergunning verblijf en arbeid or GVVA). The GVVA combines the residence permit and the work permit (TWV). The GVVA is also necessary for the following work:
  • Spiritual counsellor or officiating minister.
  • Member of a monastic/conventual order or missionary.
  • Employee of an international non-profit organisation.
  • Employee in art and culture.
  • Employee in the supply of goods to a foreign company: the employee is going to work for an employer that supplies goods to a foreign company.
  • Employee in the supply of goods by a foreign company: the employee is going to work for an employer that assembles and repairs equipment supplied by a foreign company.
  • Intra-corporate transferee: the employee works for an international group of companies and will be transferred to the Netherlands as a trainee, key personnel or specialist. The employee does not fall under the rules for intra-corporate transferees.
    
    Read more about Work in paid employment - Single Permit (GVVA).
     
• Is the employee going to work in the Netherlands, but it is not possible to apply for a single permit (GVVA)? In that case you apply to the IND for a paid employment residence permit. You must apply to the UWV for a TWV. This applies to employees who are going to work in the following jobs or situations:
  • As a media correspondent.
  • As military personnel with non-privileged status, or civilian personnel.
  • Employee under an international agreement (in Dutch: zetelovereenkomst).
  • Employee on a Dutch seagoing vessel or mining facility.
  • The employee takes their leave in the Netherlands after work on a seagoing vessel or mining facility.
  • The employee is recovering from an illness after working on a seagoing vessel or mining facility.
  • The employee is looking for work on a seagoing vessel or mining facility. 
    
    Read more about the paid employment residence permit.
• Is the employee going to work in the Netherlands but is a TWV not or no longer necessary? For example, because the employee has worked in the Netherlands for 5 continuous years? In that case you need to apply for a paid employment residence permit only. 
• International Trade Regulation: the employee works at a foreign company that collaborates with a Dutch company in a project or joint venture. The employee is now going to work in the Netherlands in the context of this project or joint venture. 
• Residence permit under the EU-UK Trade and Cooperation Agreement: a British service provider is going to work temporarily in the Netherlands under the agreements of the EU-UK Trade and Cooperation Agreement. This concerns contractual service providers and self-employed professionals (independent service provider or independent professional). 

• Residence permit for trainees or students on work placement: the employee will do a work placement in the context of study. Or they will come to work for you to gain work experience (student in work placement). 
• Residence permit to gain work experience via an EU programme: the employee will do work placement or gain work experience via an action programme of the European Union. 
• Residence permit for seasonal labour: the employee will come to the Netherlands to work temporarily in the agricultural sector. 
• Residence permit for cross-board service providers: the employee works at a company in the EU, EEA or Switzerland. The employee is going to work temporarily for this company in the Netherlands.

Are you a recognized sponsor? You can submit an application for family members of your employee. Will the employee travel to the Netherlands together with family members? You can submit their applications at the same time.

Is the employee coming for seasonal labour, traineeship or to gain work experience? In that case the employee cannot bring their family.

Do you want to employ a foreign student with a residence permit for the purpose of study? A foreign student is only allowed to work if you have a work permit (in Dutch: tewerkstellingsvergunning or TWV) for the student. Apply to the UWV for a TWV. The student is allowed to work maximally 16 hours per week, or fulltime in June, July and August.

The Dutch Labour Inspectorate (in Dutch: de Nederlandse Arbeidsinspectie or NLA) checks whether you have a TWV. And whether the student does not work more than is allowed. Does the student work more or without a TWV? In that case the Dutch Labour Inspectorate will report this to the IND and you will get a fine.

Anyone with a valid asylum permit is allowed to work. Working is also allowed during the application process for a permanent asylum permit. It is also allowed when the application for extension of a temporary asylum permit is being processed. An application for extension of the temporary asylum residence permit, however, must be submitted before the end date of the current permit. You as the employer do not need to have a TWV during this application process. During these application processes the employee can apply for a Foreign Nationals Identity Document Type W. This document states that working is allowed.

By employing a foreign employee, you automatically become the sponsor for that employee. You can be a sponsor for several employees at the same time. You as an employer can also become a sponsor recognised by the IND. As a recognised sponsor you can simply and quickly apply for a residence permit for your employee. Recognition is required in order to employ highly skilled migrants and researchers under Directive (EU) 2016/801. Read more about applying for recognition as a sponsor. 

A sponsor or recognised sponsor has several obligations. Find out more about the obligations of a sponsor or recognised sponsor. The IND checks whether you meet your obligations. If you do not meet your obligations you can get an administrative fine. Or the IND can suspend or withdraw your recognition as a sponsor.

Additional statutory rules

Besides the obligations of the IND, additional statutory rules apply to working with foreign employees. Read more about these rules on Zelfinspectie.nl. The Dutch Labour Inspectorate (in Dutch: de Nederlandse Arbeidsinspectie or NLA) checks whether you comply with these statutory rules. You are also responsible for ensuring compliance with the rules of the Foreign Nationals Employment Act (in Dutch: Wet arbeid vreemdelingen or Wav). Not only by yourself, but also by the employees and the temporary employment agency involved. Otherwise, you can get a fine for violation of the Wav. Read more about fines for violation of the Wav.