We report on three revised guidelines relating to work and residence permits, which the Dutch government recently published to make the Netherlands more attractive for international businesses.

The changes to migration rules benefit three categories of employees.

The first transitional period for employees from Poland, Lithuania, the Czech Republic, Slovakia, Latvia, Slovenia, Estonia and Hungary, who still need a work permit to work in the Netherlands, was due to expire on 1 May 2006. However, on 31 March 2006, the Dutch government announced that it would like to extend the transitional period until 1 January 2007.

In general, a work permit can be issued to employees from these new EU member states only if the employer can prove that no EU/EEA or Swiss candidate is available to fill the position. However, from 1 May 2006, the regulations to obtain a work permit will be relaxed, with the Dutch employment office only checking only whether the salary level and housing meet Dutch standards.  This will reduce the duration of the procedure to obtain a work permit from at least ten weeks to a maximum of two.

Furthermore it is likely that from 1 January 2007 individuals from the new EU member states will not require a work permit for employment in the Netherlands.

Labour migration rules relaxed

On 31 March 2006 the Dutch government relaxed the current labour migration rules, specifically targeting the following three categories of employees:

• Foreign employees who are not employed by a Dutch company;
• Foreign students and scientists;
• Employees of start-up companies in the Netherlands.

Foreign employees who are not employed by a Dutch company

The first category concerns foreign employees of a foreign company who need to work temporarily in the Netherlands; specifically those that are providing after-sales services to Dutch customers and those working on joint projects with Dutch companies.

Previously the employer had to apply for a work permit on the employees' behalf, a procedure which takes at least ten weeks. The government decided to relax the legislation as of 1 September 2006 so that a work permit can be issued within two weeks.

Foreign students and scientists

Access to the Netherlands for students and scientists will be simplified from October 2006. Furthermore, the government has decided to exempt employers from the obligation to apply for a work permit for foreign students following an internship at their company as of October 2006.

The work permit will be replaced by an internship declaration signed by the educational institution, the student and the employer.

Employees of start-up companies in the Netherlands

Start-up companies in the Netherlands cannot make use of the 'knowledge migrant' procedure because they would not be in a position to obtain certificates of 'good behaviour' from the Dutch tax and social security authorities. The government has therefore decided to give the Immigration and Naturalisation Service (IND) the power to judge and investigate the financial position of start-up companies in another way. A further investigation of the financial position of a new company is not necessary if the company is already known to the Dutch authorities.

New rules for EU/EEA and Swiss nationals

As from 1 May 2006 EU/EEA or Swiss nationals who are intending to stay in the Netherlands for a period of more than three months can register with the IND instead of requesting proof of lawful residence. However, this is only possible once the individual has registered at the town hall in the place where they live.

To be able to register, the EU/EEA or Swiss national must explain the purpose of their stay in the Netherlands. When the EU/EEA or Swiss national has registered with the IND, a sticker will be placed in their passport that remains valid as long as they remain in the Netherlands.

It should be noted that family members of EU/EEA and Swiss nationals, who are not citizens of the EU/EEA or Switzerland, must still provide proof of lawful residence. Until further notice, citizens of the new EU member states (Poland, Lithuania, the Czech Republic, Slovakia, Latvia, Slovenia, Estonia, and Hungary) must also provide proof of lawful residence.

The civic integration examination abroad

On 15 March 2006 the Dutch introduced the civic integration examination abroad. This means that certain foreign nationals wishing to settle in the Netherlands for a prolonged period, and who require an authorisation for a temporary residence permit (MVV visa), will have to take an examination abroad as an extra requirement for their MVV visa to be granted.

This applies to foreign nationals who wish to form a family with a Dutch national or who want to be reunited with family members already living in the Netherlands.

Although this doesn't appear to be a relaxation of the Dutch immigration regulations, it should be noted that the civic integration examination abroad does not apply to many expats and their families. In this respect please note that the following categories of expats are among others exempted from taking this examination.

• EU/EEA and Swiss nationals and nationals of America, Australia, Canada, Japan, Monaco, New Zealand and the Vatican State 
• Persons coming to the Netherlands for a temporary stay such as study, au pair, an exchange or medical treatment.
• Persons coming to the Netherlands with a work permit, self-employed, knowledge migrants and their family members.

April 2006

For more information on immigration issues or on these recent changes, contact Anne Kwint - Bijleveld (+31 (0)20 - 546 62 54), Mireya Serra-Janer (+31 (0)20 – 549 74 26) and Sandra Tilmans (+31 (0)20 - 546 63 75) from E&Y Amsterdam,  Thijs Esser (+31 (0)70 - 324 67 03) from E&Y The Hague or Edith de Bourgraaf (+31 (0)10 - 406 85 42) from E&Y Rotterdam.

Subject: Dutch immigration law, Papers and permits for assignees in the NL