New regulations have come into effect in the Netherlands for asylum seekers wishing to work. Whether an asylum seeker is permitted to enter the labor market now largely depends on the specific type of asylum application they have filed. These changes stem from the new EU Asylum and Migration Pact, which aims to create more uniformity and faster procedures across the European Union.
For employers, this has direct implications. This blog post outlines the most critical changes and the new European guidelines you need to know.
What Changes for Asylum Seekers?
The core of the new regulation is that an applicant’s likelihood of receiving a residence permit determines their access to the labor market:
- Access after 6 months: As a general rule, asylum seekers are allowed to start working in the Netherlands 6 months after submitting their asylum application.
- High-probability applicants: Asylum seekers with a high chance of obtaining a residence permit must be granted access to the labor market no later than 6 months after their application, in accordance with the new EU rules.
- Low-probability applicants (Safe countries): Asylum seekers originating from a country deemed “safe” have a very low chance of obtaining a residence permit. Under the new rules, they are no longer permitted to work in the Netherlands.
The New European List of Safe Countries
One of the biggest administrative shifts is that the Netherlands no longer maintains its own national list of safe countries of origin. Instead, a centralized European list of safe countries has been established, annexed to European Regulation 2026/464.
According to the European Union, citizens of these countries are generally safe and therefore do not require asylum. The list currently includes:
- Bangladesh, Colombia, Egypt, Kosovo, India, Morocco, and Tunisia.
- The 9 countries that hold EU candidate status. Exception: Ukraine is naturally excluded from this safe countries list due to the ongoing war.
What This Means for Employers
If you currently employ or are considering hiring an asylum seeker, you must navigate the following procedure:
Assessment by the IND
The Immigration and Naturalisation Service (IND) determines which category the asylum seeker falls into and whether they are permitted to work. The asylum seeker will receive an official notification regarding this after submitting their application.
Mandatory TWV Application
If you want to hire an asylum seeker, you must still apply for a work permit (tewerkstellingsvergunning or TWV) through the UWV (Employee Insurance Agency). The UWV will verify if all legal conditions are met before issuing the permit.
Revocation upon loss of status
The UWV monitors applicants’ status via the Personal Records Database (BRP). If the BRP indicates that the asylum seeker is no longer allowed to work in the Netherlands (for instance, if their asylum application was rejected), the UWV will revoke the TWV. As the employer, you will be notified of this via an official letter.
For detailed information and updates, you can consult the official government sources.
Need Support?
Navigating these changing regulations and managing applications with the UWV and IND can be a complex and time-consuming process for HR teams.
EMG can help employers with applying for work permits (TWV) and navigating the latest compliance standards.