In today’s competative job market, finding the right candidate sometimes means looking beyond the borders of the Netherlands and the European Union. But Dutch law makes it so that many companies are unable to hire the perfect candidate when they’re from a country like the United States of America or India. Only companies labeled by the Dutch immigration services as a recognised sponsor are allowed to hire these types of candidates. Being a recognised sponsor with the Dutch Immigration and Naturalisation Service (IND) allows companies to hire skilled foreign nationals while simplifying the visa, work permit, and application procedures.
What is a recognised sponsor and why do you need it?
A recognised sponsor is an organisation that has been officially approved by the IND to employ skilled foreign nationals. The foreign nationals include highly skilled migrants, researchers, and au pairs who want to work in the Netherlands. Recognised sponsors come in two main categories. The first category is a company that wants to hire foreign nationals and has the time, money, experience, and knowledge to do the lengthy procedure of becoming a recognised sponsor and hire their perfect candidate(s). The second category, to which Hilfort belongs, are companies who’re specialized in being a recognised sponsor. We act as a bridge between a job posting and the perfect candidate and make sure that alle conditions and requirements are met.
There are entry barriers for a new company that is less than 3 years old. The Dutch ministry (Dutch government) and IND require a company to follow a different, more lengthy procedure to become a recognised sponsor. The Netherlands enterprise agency (RVO) is asked for advice about these organisations regarding their cash flow and their continuity and solvency. So, one of several advantages for older companies is that they can follow the more simple procedure and aren’t subject to the Netherlands enterprise agency (RVO).
Obligations and Responsibilities of a Recognised sponsor
The Immigration and Naturalisation Service (IND) holds recognised sponsors to high standards both to become a recognised sponsor, but also to hold that position and stay on their public register. Some of the most important legal obligations and responsibilities of a recognised sponsor are:
- Recognised sponsors must notify the IND of changes that have consequences for the residence permit of the registered highly skilled migrant or the recognition as a sponsor.
- Recognised Sponsors must continuosly retain the details of all their highly skilled migrants on staff.
- Recognised Sponsors have a responsibility to uphold the standards and set requirements for employees being hired as highly skilled migrants.
Breaking IND Obligations and Non-compliance
It is the perogative of the Immigration and Naturalisation service (IND) to check at any time whether a recognised sponsor complies with the rules. The investigated company needs to hand over the requested documents and prove that they are still in compliance. If for whatever reason the company doesn’t comply with the rules (e.g. by having a highly skilled migrant on the payroll who earns less than minimum wage or not following the minimum holiday allowance act), the Dutch immigration service (IND) is allowed to take one of the following actions:
- Warning and governmental fine: The first time that a company fails to comply with the rules a warning is generally issued, informing the company about the possibility of losing their recognition and the consequences for the company and the highly skilled migrants in employment with them. With subsequent violations, the IND requires a company to pay a fine. The height of the fine depends on the seriousness of the violation and the number of violations in years prior.
- Suspension or withdrawal of recognition as a sponsor: If the recognised sponsor does not comply with the rules or no longer meets the conditions for recognised sponsorship, the IND can withdraw the recognition and remove the company from the IND website. Additionally, they can ban the organisation from restarting the application process of recognised sponsor for up to 5 years.
- Withdrawal of residence permits: When a company has lost their recognition as a sponsor, the IND may also withdraw the residence permit of highly skilled migrants who are in employment with this company.
Advantages and benefits of being recognised as a sponsor
There is one core benefit to being a recognised sponsor. You are now a legal entity to hire candidates from across national borders! Your name is on the IND website public register. You can start the application procedure for your highly skilled migrant their residence permits online. But there’s more:
- Accelerated application procedure: The IND aims to process applications from a recognised sponsor within two weeks, which is significantly faster than the standard 90-day timeframe.
- Reduced administrative burden: When submitting applications, a recognised sponsor needs to provide fewer supporting documents. Often, a self-decleration stating that the individual meets all requirements is enough for the IND to consider the highly skilled migrant sufficiently guaranteed.
- Online application options: A recognised sponsor can submit residence permit applications online through the IND’s Business Portal. This makes the entire process far simpler and faster.
- No minimum or maximum number of applications: There is no requirement for a minimum or a maximum number of applications per year. It is entirely up to the recognised sponsor how many times they start the application procedure.
- Acces to dedicated support lines: As recognised sponsor, a company has acces to specialized information lines and email support for assitance with questions about the application form or other questions related to applications.
Outsourcing sponsorship and employment of record (EOR)
Looking to hire a highly skilled migrant, but hesitant to become a recognised sponsor? Hilfort can help you hire the highly skilled migrant! We’re recognised as a sponsor and we’ve been recognised as a sponsor for over a decade. Our team consists of experts in their field, not just because they learned the trade but also because they lived it (i.e. part of our team are expats).
So what is that we offer? All the way at the start of the article, two groups or options were mentioned. Hilfort belongs to the second categorie. We hire expats on our payroll, and then we sign a contract with you stating that the employee may only work for you. In the Netherlands, this concept is called payrolling. It isn’t just the hiring process in which we help. Whether it’s taking care of the payroll taxes, a question from the expat regarding the status of their IND application form (which we have already submitted), or anything else related to expat during the entire length of their contract(s). We make this whole process worry-free and stress-free, because the highly skilled migrant applications are a relatively simple procedure when you’ve got the right people and the time and energy to put into it.
To become a recognised sponsor is just the first step for the company. After the company gains their recognition and their spot on the public register, they still have to guide the expat through numerous other steps before everyone can get back to work. We’ve written a blog on a number of things expats need to keep in mind while moving to the Netherlands. This will help your company keep track.
Recognised sponsors, immigration and naturalisation service, and highly skilled migrants; Let’s sum it all up
You’ve found your perfect candidate, but they live abroad. They need a work permit, but right now you can’t help them obtain that work permit. If you want to become a recognised sponsor, you most likely have to worry about proving your cash flow in years prior, your continuity and solvency, and more. It’s a lengthy procedure. For your company, the recognition as a sponsor might not even be neccesary. It’s not just a big task to get the recognition from the IND. It’s keeping up with it that will be the real timesink. So allow Hilfort to take that burden from you. This is our field of expertise, and we gladly take care of it for you. That way, you can focus on what truly matters: Your own core business.