Shifting from Automatic Penalties to Problem-Solving
Starting 1 November 2026, the IND introduced a pilot policy through directive IB 2026/39 (Uitbreiden handhavingsinterventies). The policy expands how the agency handles compliance, focusing on helping employers fix mistakes rather than immediately issuing fines (herstelgericht handhaven). While statutory reporting duties and deadlines remain unchanged, caseworkers can now address specific minor or first-time paperwork errors through informal contact or dialogue first.
Employing Highly Skilled Migrants in the Netherlands requires recognized sponsor status (erkend referentschap). While sponsors benefit from fast-track visa processing, they carry strict legal duties: tracking employee addresses, reporting salary or contract changes within 28 days, and keeping complete personnel files for at least five years.
Historically, the Immigration and Naturalisation Service (IND) responded to administrative delays by issuing formal warnings or administrative fines (bestuurlijke boeten).
The New Tiered Enforcement System in Practice
Directive IB 2026/39 introduces a three-stage enforcement approach:
1. Informal notice (capped at 2 per year): Applies to two specific minor oversights: late updates regarding where personnel records are stored, or late departure filings when an international employee transfers between Dutch entities within the same corporate group (provided the receiving entity is also a recognized sponsor). The IND contacts the employer by phone or in writing to point out the omission. This notice does not count as a formal warning on the company’s record. An employer can receive this informal notice a maximum of twice within a rolling 12-month period.
2. The enforcement meeting at the IND (handhavingsgesprek): The IND may invite company representatives to an official meeting at an IND office if an employer commits a named minor mistake for the second time within 12 months, or commits any other first-time breach of their information or administration duties (such as reporting a resignation or salary change after the 28-day deadline).
3. Corrective cooperation vs. fines (herstelgericht meewerken): Employers are expected to cooperate constructively to put things right. This means agreeing on clear deadlines to update records and improve internal reporting procedures. If the employer cooperates and resolves the issue, the IND can refrain from issuing a fine. If an employer fails to cooperate, a fine can still follow.
The 28-Day Rule Remains
A more flexible enforcement tone from the IND does not mean the rules have changed. Core statutory obligations under the Aliens Act remain fully in place:
Missing a 28-day deadline remains a formal violation of the Aliens Act. The IND is changing how it handles initial slip-ups, but the statutory deadline has not been extended.
For employers managing international teams across multiple corporate entities, receiving two informal notices within a rolling 12-month period can happen quickly. An enforcement meeting at the IND office also involves a direct review of your company’s internal compliance practices, which can bring other filing delays or documentation gaps to light.
We help companies manage international talent while staying fully compliant with Dutch immigration law:
- Sponsor Compliance Audits: We review international HR records against IND standards to identify and resolve paperwork gaps before the authorities notice them.
- Filing & Deadline Tracking: We monitor 28-day notification windows, annual salary thresholds, and visa renewal timelines across your workforce.
- IND Meetings & Advisory: If your organization receives an IND inquiry or an invitation to an enforcement meeting, our specialists help prepare your documentation and represent your company before the IND.
Learn more about our Recognized Sponsorship Services and Immigration & Visa Services, or contact our mobility teamto review your recognized sponsor records.