Immigration Inspections at Recognized Sponsors

The situation

The Dutch Immigration Authority (IND) will conduct immigration inspections at recognized sponsor companies throughout 2018.

A closer look

• Inspections. Recognized sponsors in the Netherlands can expect a site inspection from the IND in 2018. The IND will book appointments ahead of time and will select locations at random.
• Link with other types of inspections. The IND’s inspections will be in addition to existing inspections by other government authorities, including the labor inspectorate. 
• Focus of inspections. The IND inspections will focus on enforcing compliance with the core duties of recognized sponsors.
  • Duty of disclosure. Recognized sponsor companies must notify the IND in a timely manner of relevant changes to their company and foreign worker population.
    • Sponsor changes. Employers must notify the IND of changes to the company address, business purpose, contact person, legal representative, mergers, termination, bankruptcy, criminal proceedings, among others.
    • Foreign worker changes. Employers must notify the IND of the hiring or termination of current permit holders and the reduction of their salaries below the minimum salary threshold, among others.
    • Impact. As the failure to notify the IND in a timely manner can have serious consequences, employers are advised to contact their Fragomen representative to assist with mandatory notifications throughout the year.
  • Duty of administration. Recognized sponsor companies must keep detailed and updated records of their current and former foreign workers.
  • Duty of care. Recognized sponsor companies must recruit foreign workers responsibly and must inform these workers of relevant Dutch immigration legislation.

Action required

Affected employers are advised to prepare for an IND visit promptly and ensure that their employment records are compliant. Employers should contact their Fragomen representative for support.

Fragomen can provide compliance audits, assist in creating compliant immigration onboarding strategies, and review current administration protocols.

Impact on employers

The IND may impose sanctions if it finds significant issues during inspections. For serious breaches, the IND may withdraw recognized sponsor status.

Background

• Recognized sponsors. Dutch companies can register with the IND to obtain “Recognized Sponsor” status. Recognized sponsors have access to expedited and simplified immigration procedures.
• Ineffective supervision. The Inspectorate of Justice and Security found that the IND has thus far focused on training and information and has failed to enforce compliance with immigration legislation and impose sanctions. The random inspections have been put in place to make the IND more effective in these areas.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to beneluxinfo@fragomen.com.