Corporate Immigration update — Refresher on deregistration requirements for Recognised Sponsors.
Santa Fe publication date
04 June 2024
Overview
We often receive questions from corporate clients regarding their obligation to deregister employees when their Highly Skilled Migrant permit needs to be cancelled. This could be for different purposes, the non-EU employee could have acquired Dutch citizenship, an indefinite permit, have changed employer or officially left the Netherlands.
Who will be affected?
The Recognised Sponsor will be responsible in most cases to notify the Dutch immigration authorities (IND) on any change regarding the non-EU employee, however there are certain exceptions to this.
Background
In the explanatory memorandum, published on 16 September 2009, at the implementation of the Law Modern Migration (MoMi), the IND has specified the new rules that recognized sponsors must adhere to.
In the Immigration Law 2000, article 2b, paragraph 2, it reads:
“It cannot be ruled out that the sponsor has no knowledge of the causes underlying the termination of the sponsorship. After all, the sponsorship can also end for reasons that may be beyond the referent’s field of vision, such as the granting of a permanent residence permit or the acquisition of Dutch nationality by the Foreigner. With a view to legal certainty, the second paragraph stipulates that the IND will in all cases inform the (former) sponsor of the termination of his sponsorship for the benefit of the individual foreigner. This notification obviously does not mean the end of the (generic) recognition as a sponsor.”
Impact
Understanding the above criteria, the recognised sponsor does not have to deregister the Highly Skilled Migrant when they change their restriction to one that they do not sponsor and are outside of their vision field. Restrictions such as an indefinite permit, a dependent permit or even becoming a Dutch citizen could be taken in consideration for which a recognized sponsor does not need to deregister the Highly Skilled Migrant.
Santa Fe recommendation
Should your non-EU employee have taken on a different restriction, it would be advised to check it with your trusted immigration consultant. We would be happy to guide you further to what obligations should be met.
This part of the law confirms that the IND should notify the recognised sponsor upon these changes for the Highly Skilled Migrant, which is outside of the field of vision of the recognised sponsor. It should be noted, however, that in practice, the IND is not able to provide this service.
If you have any concerns or inquiries regarding your current non-EU working employees, do reach out to us and we’d be happy to assist you. This could be matters regarding a later start date notification that wasn’t submitted to employees who have left but never deregistered formally. If you’d also like to double check to ensure all your deregistration obligations as a sponsor have been met, we can also help with this.
Contact us
Please get in touch with us for further information or clarification:
Diana van der Horst
Senior Immigration Consultant, BeNeLux
Santa Fe Relocation
NLimmigration@staging.santaferelo.com
Anique Borchert
Manager Immigration BeNeLux
Santa Fe Relocation
anique.borchert@staging.santaferelo.com
About our Immigration Services
Our distinguished immigration services oversee a substantial volume of visa applications annually, catering to a diverse array of international corporations. Our seasoned team of immigration experts and accredited migration agents are entrusted with the meticulous management of the entire immigration process on your behalf. We are committed to delivering streamlined reporting and offering comprehensive guidance on all immigration-related affairs, ensuring a smooth and efficient experience for our valued clients.
