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Losing recognized sponsorship

Posted in Blog, Highly skilled migrants, Recognized sponsorship

Do you want to lose your recognized sponsorship status? Here are 3 ways to do it!

After an extensive process, your organization has been recognized as a sponsor by the IND (Immigration and Naturalization Service). You are a reliable partner and enjoy benefits such as more effective and faster application procedures for residence permits.

In addition, you have the opportunity to hire non-European skilled migrants, which is valuable for your business development and growth.

The IND strictly monitors compliance with the obligations of recognized sponsors. If your organization does not take these obligations seriously or cannot follow them, you may lose this status.

In this article, we discuss three ways you can lose your recognized sponsorship status, assess the risk, and discuss the value of compliance, training, and audits.

Your organization is careless with recruitment and selection

As an employer, you have certain responsibilities, such as taking care of your employees.

The IND requires recognized sponsors to act carefully in the recruitment and selection of skilled migrants.

An example of this is conducting background checks (documents and qualifications) of the skilled migrant in question.

In addition, the skilled migrant must also be informed about the applicable laws and regulations and requirements for a residence permit in the Netherlands.

If an IND audit reveals that the above has not been done, this can lead to serious sanctions. These can range from a fine to the withdrawal of your recognized sponsorship status, depending on the severity of the violation.

Your organization has inadequate administration

Your organization’s administration is an essential part of internal and external reporting.

Due to your recognized sponsorship status, the IND pays extra attention to this.

You must maintain a personnel file for the skilled migrants concerned. This documentation must be kept for up to 5 years after the employment contract has ended.

The exact documents to be retained may vary depending on the purpose of stay and/or work permit. Therefore, make sure to check the conditions carefully.

If a control visit reveals that the skilled migrant’s personnel file is incomplete, the IND may issue a warning, fine, or suspend or withdraw your recognized sponsorship status.

Your organization lacks the obligation to provide information

As a recognized sponsor, you are required to keep the IND informed of changes in your situation or that of the skilled migrant.

If not all relevant departments within your organization are aware of this obligation, important changes that should have been reported to the IND may be overlooked.

An example of this is a change in the skilled migrant’s employment conditions. The HR department can make this decision in collaboration with the skilled migrant, but the IND must also be informed.

If this is not done, the IND may impose sanctions, such as issuing a warning, a fine, or withdrawing recognized sponsorship status.

The risk to your reputation and employer branding

Losing your recognized sponsorship status can have far-reaching consequences for your business operations and the legal residence of your skilled migrants. But it can also affect your reputation and employer branding.

The withdrawal of this status by the IND does not happen lightly and indicates that your organization has failed in one or more areas.

This can have negative consequences for your reputation among stakeholders and potential new employees, which is more important than ever in today’s world.

The experts at EMG can help your organization avoid these risks.

The value of compliance and external audits

To prevent the above risks and maintain your recognized sponsorship status, it is essential to be aware of the applicable laws and regulations.

As a recognized sponsor, your organization has three obligations:

Duty of care;

Administration and retention obligation;

Obligation to provide information.

You can find more information about these obligations in this article.

This is not only about being informed but also about translating these obligations within your organization.

An external consultant can help with this. This specialist knows what is needed

Do you want to maintain your recognized sponsorship? Together with EMG, your organization will utilize its full potential.

Our specialists know better than anyone how your organization can become a recognized sponsor and maintain this status. We can help your organization with:

  • An effective application for recognized sponsorship
  • Advising the relevant departments on the necessary compliance (onboarding and knowledge sessions)
  • Providing an interim solution until your organization is recognized as a sponsor itself
  • Preparing for an inspection visit from the IND
  • Conducting audits and making concrete recommendations for improvements.

Do you have questions about hiring international talent, payrolling, and recognized sponsorship? Feel free to contact our team, and we would be happy to discuss the limitless possibilities.

Nathalie Crivello

Client Solution Manager | MIM certified

Our mission is to grow your business by going global.
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