Fines and warnings recognised sponsors in 2022

Around 580 warnings and 240 fines were imposed by the IND on recognized sponsors in 2022, although most of them followed the rules. However, compared to 2021, more fines were issued to recognized sponsors in 2022, mainly because of the IND’s tighter enforcement.

Obligations not met

Recognized sponsors have certain responsibilities, such as providing accurate information, maintaining records, and exercising due care. The IND checks if these obligations are being met and may impose fines for non-compliance, usually for failing to provide information. For instance, fines may be imposed if the sponsor fails to report that the wage criterion has not been met or if they do not promptly report the departure of a highly skilled migrant.

As per the duty of care, recognized sponsors must inform foreign nationals accurately about their rights and responsibilities. Additionally, recognized sponsors must select and recruit foreign nationals with care and keep proper records to demonstrate compliance. However, the IND has observed issues in these areas as well. As per the December 2022 newsletter, sponsors frequently fail to promptly notify the IND of changes to their administration address.

Warnings and fines

The IND conducts assessments of recognized sponsors and determines whether a warning or fine is warranted based on the outcome. For instance, the severity of the violation and level of culpability are evaluated on a case-by-case basis. Fines and warnings may be imposed following company inspections by the Enforcement, Supervision and Research department (HTO) and/or the Netherlands Labour Authority (NLA), or after processing notifications and reports submitted to the IND.

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