Employing a foreign national

Last update: 25 May 2022

You want to employ a foreign national. Find out what you need to do and which residence permits there are.

Employee visa or residence permit

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? The unrestricted movement of persons applies to them. 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? How long your employee will stay in the Netherlands determines whether they need a visa or a 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 sometimes needs a short stay visa. Whether a short stay visa is needed depends on the employee’s nationality. In addition, you usually have to apply for a work permit (TWV) for the employee. 

Frontier workers

Is the employee a frontier worker? In that case their stay in the Netherlands is also considered a short stay.

Stay for more than 90 days

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

Residence permit for work

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

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. Or it is a position as a (guest) lecturer, doctor in training (AIO) or researcher in paid employment. 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. And this permit makes it easier for the employee to work in a different EU country. 
  • 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 an employee participating interest. 

Residence permit for work in paid employment

  • Employees who are going to 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 these jobs:
    • 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 in paid employment in connection with the supply of goods to a foreign company.
    • Employee in the supply of goods by a foreign company: the employee is going to work in paid employment for the assembly and repair of 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 a intra corporate transfer.

      Read more about Work in paid employment - Single Permit (GVVA).
       
  • Is the employee going to work in paid employment 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 paid employment in these jobs or situations:
    • As a mass media correspondent.
    • As non-privileged military or civilian personnel.
    • Employee under a headquarters agreement.
    • Employee on a Dutch seagoing vessel or mining installation.
    • The employee takes their leave in the Netherlands after work on a seagoing vessel or mining installation.
    • The employee is recovering from an illness after working on a seagoing vessel or mining installation.
    • The employee is looking for work on a seagoing vessel or mining installation. 

      Read more about the paid employment residence permit.
       
  • Is the employee going to work in paid employment 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 in the EU-UK Trade and Cooperation Agreement. This concerns contractual service providers and practitioners of independent professions (independent service provider or independent professional). 

Other residence permits for work

Family members of the employee

The family members of your employee can travel with them to the Netherlands. Is the employee coming for seasonal labour, traineeship or to gain work experience? In that case the employee cannot bring their family along.

Applying for residence permits for family members

If you are a recognised sponsor you can submit applications for the family members of your employee. Will the employee and their family members travel to the Netherlands together? In that case you can submit the applications at the same time. 

If you are not a recognised sponsor your employee must apply themselves for their family members residence permits. 

Employing foreign students

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 in paid employment if you have a work permit (in Dutch: tewerkstellingsvergunning or TWV) for the student. The student is allowed to work 16 hours at most per week or fulltime in June, July and August.

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

Working during an application for extension of a temporary asylum permit or an application for a permanent asylum permit

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 also says that working is allowed.

Obligations of a sponsor and recognised 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. The Social Affairs and Employment Inspectorate (in Dutch: Nederlandse Arbeidsinspectie) 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 high fine for violation of the Wav.

See also

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