What are the obligations of a recognized sponsor?
What obligations do you have as a recognized sponsor?
A recognized sponsor is regarded by the IND (Immigration and Naturalization Service) as a reliable partner. As a sponsor, your organization has undergone a thorough screening and now enjoys various benefits. Naturally, you want to maintain this status, but to do so, your organization must fulfill several obligations.
In this article, we will focus on the different obligations and their significance for your organization.
The various obligations as a recognized sponsor
n some cases, recognition as a sponsor is necessary to hire an employee from abroad in the Netherlands. To obtain this recognition, your organization must go through a procedure with the IND.
After being recognized as a sponsor, your organization must comply with several legal obligations:
- Duty of care
- Record-keeping obligation
- Information obligation
It would be a shame to lose your status and the associated benefits. Therefore, it is important that your organization is aware of these obligations and complies with them.
Below, we will examine the contents of the various obligations.
The duty of care as a recognized sponsor
As an organization you have certain responsibilities; for example, you should take care of the people who work for you.
The duty of care is about the obligation to act with care when recruiting and selecting knowledge migrants.
Compliance with the duty of care is checked in three ways:
- The documents and qualifications of the highly skilled migrant have been carefully examined during the recruitment process (Aliens Decree 2000, Article 1.16, paragraph 2)
- The knowledge migrant must meet all the requirements for a residence permit in the Netherlands
- During the recruitment process, information must be provided to the knowledge migrant about the applicable laws and regulations (Aliens Regulations 2000, Article 1.4). This can, for example, be done by providing an information brochure.
The hiring of a knowledge migrant is considered a serious matter by the IND, which is why the duty of care exists.
The record-keeping obligation of a recognized sponsor
Recognized sponsors must keep records of the knowledge migrants for whom an application has been submitted to the IND. This documentation must be kept for up to 5 years after the termination of employment.
The personnel file of the knowledge migrant must consist of:
- The employment contract
- A copy of the residence permit (front and back) and/or work permit
- A copy of the passport (personal details page only)
- The payslip or specifications
- A copy of the curriculum vitae, the documents relating to the application
- Proof of registration in the BIG register (if applicable)
- The declaration of good conduct filled in and signed by the knowledge migrant
- Proof that the knowledge migrant has been informed about their rights and obligations
Tip: The exact documents that must be kept may vary depending on the purpose of stay and/or work permit. It is therefore important to know and check the conditions of the relevant work or residence permit to ensure that the correct documents and data are kept in the records.
The information obligation as a recognized sponsor
As a recognized sponsor, you must notify the IND of relevant changes in the situation of the highly skilled migrant or your organization in a timely manner.
Regarding the knowledge migrant, the information obligation concerns all changes that affect their residence rights. This could include changes in employment terms, the knowledge migrant’s departure from the Netherlands, and their employment status.
Regarding changes in the organization’s situation, the IND requires that you be notified of all changes that may be relevant to your status and recognition as a recognized sponsor. Examples include bankruptcy, changes in the business purpose, legal status, and mergers or acquisitions.
The changes must be reported to the IND within 4 weeks of taking place. In the event of a change of address of the recognized sponsor, this period is 2 weeks.
We advise organizations to bring the information obligation to the attention of all departments involved, such as the management, HR, finance/payrolling. In this way, processes can be set up accordingly and no changes will be overlooked.
Ready for a visit from the IND? Be prepared with these tips
The IND carries out regular inspection visits and can impose sanctions if the obligations are not met.
An incorrect interpretation of the oblThis can result in a warning, a fine, or in the worst case, the revocation of recognized sponsor status and/or the residence permit of the knowledge migrant.
We have made a handy step-by-step plan to prepare you for an IND inspection. This way, you will not be caught off guard.
From application to optimal utilization
We help organizations with the recognition as a sponsor and advise on the necessary compliance to maintain this status. An EMG specialist can provide customized advice and internal training to the HR team and all stakeholders.
Together, we ensure that your organization can fully capitalize on the opportunities of international business. Do you have any questions about hiring international talent, payroll, and recognized sponsorship? Contact our experts, and we will 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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