Bringing a non-EU citizen to work in the Netherlands this year? Ruud Blaakman of Loyens & Loeff reports on important changes to the MVV procedure and permit cost increases.

Recent months have shown new developments in the Aliens Employment Act (Wet Arbeid Vreemdelingen) and the Aliens Act (Vreemdelingenwet). Here is an overview.

Authorisation for temporary stay

The time required to authorise temporary stay has been dramatic over the past years, with nine months to a year being no exception. This has led to a great number of complaints and significant pressure on the Ministry of Justice, Social Affairs and Employment to come up with new measures.

Thanks in part to this pressure, the procedure for requesting an authorisation temporary stay (MVV) has changed. This change entered became effective on 1 July 2002.

Two ways to request an MVV

As of this date, there are two ways to request an MVV. An alien who wishes to come to the Netherlands can submit the request, or a third person (referent) can submit the request.

An alien who wants to come to the Netherlands can request an MVV with the Dutch Diplomatic post abroad, submitting a number of legal and recognised documents. In the case of a request submitted by a referent (the one who will be "receiving" the alien in the Netherlands, such as the employer or an authorised representative), this is done before the Aliens Department.

If the Aliens Department rules positively on the request, the alien can further arrange the MVV with the Dutch diplomatic post abroad.

Department for migrating employees 

For persons (and their families) who travel here for work, the Immigration and Naturalization Services (IND) have a created a special department, the Migrating Employee Department (IND-loket arbeidsmigratie) as of 1 January 2003.

All questions in connection with employment can be put before this department; leading to an increase in speed, quality and management in the request for MVVs. The aim is to grant an MVV within four weeks after a work permit has been issued by the Center for Work and Income (CWI) (hence the name spoedloket – “speed counter” – for this department).

Requests for an MVV with the IND can be done by means of a separate form.

It should be noted that above two forms for requesting an MVV will remain in place. The employee will still have to visit the diplomatic post abroad to pick up his MVV. The departments’ address is:

Immigratie en Naturalisatie Dienst
IND-loket arbeidsmigratie
P.O. Box 3022
2280 GA Rijswijk

Accelerated procedure

If an employer has to request an MVV for more than 10 employees per year, he can make use of the accelerated procedure. The bureau that has been created for this purpose – Bureau Verkorte Procedure (Bureau Accelerated Procedure) – issues the MVVs within two weeks.

As this bureau’s work is similar to that of the IND-loket arbeidsmigratie, the two organisations have been linked. They are both in Rijswijk and have the same telephone number: 070 – 370 96 66.

The accelerated procedure can only be used for "family reunification" if the employee works in the ICT-sector or in research and development. For all other requests for family reunification, the employer must submit his request with the IND-department for Migrating Employees, for both the employee and his (or her) family.

Centralisation of requests for work permits

As of 1 January 2003, work permits can be requested with the Center for Work and Income (CWI) in Zoetermeer, instead of through its regional offices. Their address is:

CWI, Juridische Zaken (Legal Affairs)
P.O. Box 883
2700 AW Zoetermeer
tel.: 070 – 371 29 03

Scarcity of ICT positions thing of the past

Until 31 December 2002, job openings in the ICT-sector (and ICT-related positions) did not have to be registered with the relevant organisations (normally required pursuant to article 8, paragraph 1, under b of the Aliens Employment Act).

This is no longer the case, with the exception of higher management and specialized positions earning more than EUR 3,630 gross per month – at least until 1 July 2003. This does not mean that the employer need not make any recruitment efforts on the local / EEA-market – this requirement remains applicable.

Increase in cost of permits

The price of a residence permit for non-EU citizens went up to EUR 430 on 1 January 2003. Here are the other prices:

EU-citizens	Non EU-citizens
Permits for a limited period of time: - EUR 28 for permit and extension	Permits for a limited period of time: - Person younger than 12: EUR 285 - Person older than 12: EUR 430
Unlimited period of time: - EUR 890	Unlimited period of time: - EUR 890 Amendments: - Person younger than 12: EUR 285 - Person older than 12: EUR 430 Extensions: - Of permits that end 1 March 2003: EUR 285

March 2003

Ruud Blaakman is a tax adviser in the Rotterdam office of Loyens & Loeff.