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Recent developments in Dutch immigration law include abolishment of document legalisation requirement for India, European Blue Card, and combined CWI/IND office.The Dutch authorities have taken steps to simplify the immigration procedure for employees coming to the Netherlands.
Simplified legalisation procedure for Indian nationals
As of September 16, 2008 the time consuming legalisation process for certifying the authenticity of documents from India has been replaced by an apostille (the legalisation of a document for international use under the terms of the 1961 Hague Convention). This means that the former three levels of legalisation are no longer required. This apostille from the Ministry of External Affairs in India will suffice for the residence permit as well as registration at the municipality register in the Netherlands.
Opening of ‘Expatcenter’ Amsterdam
The cities of Amsterdam, Amstelveen and the Immigration and Naturalisation Services (IND) have joined together to increase the efficiency of their services for knowledge migrants in the Amsterdam Area by opening a new Expatcenter. The Expatcenter opened officially in the World Trade Centre in Amsterdam on 16 September 2008.
The Expatcenter allows the employer to start the residence permit procedure for knowledge migrants and their families while the knowledge migrant is still abroad. Additionally, it offers a one-stop services package to knowledge migrants and their family members enabling them to collect their residence permits and register with their municipality (GBA) at one appointment. Shortly after registering, applicants will receive a public service number (BSN).
To take advantage of these services, employees or the company they work for must be based in Amsterdam or Amstelveen. Also, the employer must be registered at the IND knowledge migrant desk. (www.expatloket.nl/)
Opening of ‘Expatdesk’ Rotterdam
The Expatdesk Rotterdam, opened on 9 October in the WTC Rotterdam, will carry out a similar function as the Expatcenter Amsterdam for knowledge migrants living in Rotterdam and the surrounding area. The Expatdesk Rotterdam is currently in a pilot phase. (/www.rotterdam.nl/expatdesk)
New combined CWI/IND office
In addition, the Dutch employment office (CWI) and the Immigration and Naturalisation Services (IND) have joined forces to increase the efficiency of their services for employees coming to the Netherlands by opening a combined CWI/IND office. On October 1, 2008 – after a pilot phase in which Ernst & Young participated - the combined office was officially opened by the Dutch Minister of Social Affairs and Employment Mr. Piet Hein Donner.
The combined CWI/IND office allows the employer to start the temporary residence permit procedure (MVV) and work permit procedure together. Previously, the CWI would first decide on the work permit application. Then the IND took a decision on the MVV application, which could take another two to four weeks. Under the new procedure decisions on both applications are taken simultaneously, which reduces the timeframe.
European Blue Card
In October 2007 the European Commission (EC) presented a draft for a directive regarding the admission and residency in the European Union (EU) of highly qualified workers from non EU countries (Blue Card Directive). This directive aims to make the EU more attractive to these highly qualified workers.
To support this, the EC proposes introducing a flexible common fast-track procedure for the admission of highly qualified immigrants and their family members. Non EU workers who satisfy the conditions laid down in the directive may acquire a Blue Card. The admittance criteria for a European Blue Card will mainly concern the employment contract, the professional qualifications and the salary level of the highly skilled worker. The proposal also aims to facilitate the mobility of Blue Card holders within the EU.
The introduction of the Blue Card is currently still under consideration. On 25 September 2008 the Justice and Home Affairs Council noted the overall support of all delegations for a proposal for the Blue Card Directive. The Council asked Coreper (Comité des représentants permanents) to finalise the Directive.
For further information please contact Edith de Bourgraaf or Anne Kwint of Ernst & Young:
Edith de Bourgraaf: Tel. + 31 10 406 85 42, email: edith.de.bourgraaf@nl.ey.com
Anne Kwint: Tel. + 31 88 407 12 54, email: anne.bijleveld@nl.ey.com
21 October 2008
Ernst & Young/ Expatica
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