Following the judgment of the Dutch High Administrative Court, Japanese nationals – who could already stay in the Netherlands for up to 90 days in a 180-day period on the basis of their passport - can now work in the Netherlands without a Dutch work permit or any other documentation or registration during their stay. The judgment was announced in January and its implementation has been confirmed through an official communication from the Dutch Labor Authorities.
This exemption is also applicable to intermittent assignments, for which the total stay in the Netherlands does not exceed 90 days cumulatively in a 180-day period.
For stays exceeding 90 days, Japanese nationals will only require a residence permit, and will not be subject to labor market tests. The Dutch Immigration Authorities (IND) are currently discussing the further impact of this judgment on residence authorization in the Netherlands for Japanese nationals whose stay will exceed 90 days in a 180-day period.
Possible Reciprocal Policy in Japan
Japanese authorities may consider a reciprocal policy which would allow Dutch nationals to work without work authorization in Japan. The outcome depends on whether Japanese authorities and courts would acknowledge the Dutch judgment.
What This Means for Employers and Foreign Nationals
Japanese nationals working in the Netherlands and their employers should benefit from the elimination of the work authorization process. Japanese nationals whose stays in the Netherlands will exceed 90 days - either consecutively, or cumulatively in a 180-day period - should contact their immigration professional to discuss the process to obtain a residence permit.
Fragomen will continue to monitor and report developments of the IND’s and Japanese government’s policies in relation to this exemption.
This alert is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2015 Fragomen
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