IND inspection visits to recognised sponsors

7 May 2018 – If you are an employer and you employ highly skilled migrants, you are probably recognised as a sponsor. The Immigration and Nationalisation Service (Immigratie- en Naturalisatiedienst, IND) has announced that it has begun conducting inspection visits as from January 2018. Inspectors from the IND’s Enforcement & Monitoring Team visit a number of recognised sponsors each week to check whether all conditions and obligations of the recognised sponsorship are being properly fulfilled.

Recognised sponsor obligations

An employer must be a recognised sponsor in order to employ highly skilled migrants and/or foreign scientific researchers. Once the IND has recognised the employer as a sponsor, the recognised sponsor must fulfil a number of obligations.

  • Obligation to provide information: the recognised sponsor must report to the IND all changes that are relevant to the status of the sponsor (employer) or foreign national (employee).
  • Duty to keep records and obligation to retain: the recognised sponsor must retain all relevant information/documents in its records, such as copies of passports, payslips, diplomas, permits issued, contracts and agreements, and so on.
  • Duty of care: the recognised sponsor has a duty to ensure a careful recruitment and selection of highly skilled migrants or employees and to inform the highly skilled migrant of the conditions/obligations which he or she must meet.

Inspections and consequences

Incorrect interpretation of the obligations or carelessness can cause the recognised sponsor to make mistakes. In the worst case, this fact can mean that the recognised sponsor no longer meets the conditions for recognition. If inadequacies are detected, this situation can lead to a warning or an administrative fine (depending on the severity of the violation).

In specific cases (e.g. very serious abuses or shortcomings), the IND may decide to withdraw the recognised sponsorship and/or the employee’s residence permit.

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