Easing work permit rules

22nd August 2003, Comments 0 comments

Regulations changes open the door for students, partners of university teaching staff and employees of small companies to get a work permit without the bureaucratic fuss of proving no Dutch person is being done out of the position.

 

I am a Swiss national, currently working as a sales manager in the US for a well-known multinational company. Higher management has decided to send me to the Netherlands for a few years to improve and upgrade sales there. My employer is based in five different countries all over the world and revenues are still okay but have fallen to about USD 45 million in 2002 due to the worldwide recession. I was informed that the amount of 2002 revenue would cause a serious problem in relation to the Dutch work permit application. Does this make any sense to you?

In my last column I promised to inform you about recent and ‘exciting’ developments concerning employment related rules and regulations for the Netherlands. In this column I will introduce you to the most significant changes. But first allow me to answer question above from the Swiss Expatica reader.

Employers in the Netherlands, intending to hire Swiss nationals, are no longer bound by the regular work permit requirement governing non-EU employees. A while ago, the European Union and the Swiss central government signed a treaty allowing Swiss nationals to enter the EU labour market without any real restrictions. Even though Switzerland is not a part of the EU, Swiss nationals will be regarded (to a certain extend) as regular EU nationals.

And now the major changes in rules and regulations as far as Dutch work permits are concerned:

  • Nonprofit organizations: Work permits without preceding mandatory local and European registration procedures and advertisements in newspapers/weeklies and on the internet for highly educated key specialists and managers working for certain internationally operating non profit organizations that meet the special criteria of the Dutch Central Employment Office;

     

  • Statement by Department of Economic Affairs: Certain smaller sized international groups of companies may, based on a special statement by the Dutch Department of Economic Affairs, be eligible for issuance of work permits for their key specialists and manager without preceding mandatory local and European registration procedures and advertisements in newspapers/weeklies and on the internet;

     

  • Foreign students: Dutch employers of foreigners that hold a valid Dutch residence permit based on study, or foreigners with a valid Dutch residence permit based on asylum, or foreigners holding a so-called W-document, may be eligible for a work permit exceeding one year, as long as the period of actual employment is less than 51% of the time that is involved in the actual study;

     

  • Spouses/partners of scientific staff of universities, HBO´s and research facilities: Dutch employers of spouses/partners of foreigners legally working for Dutch universities, HBO´s and research facilities, may be eligible for work permits without preceding mandatory local and European registration procedures and advertisements in newspapers/weeklies and on the internet, for a period what is equal to the validity of the work permit of the foreigner working for Dutch universities, HBO´s and research facilities.
That is all for now. I wish you all a wonderful and sunny holiday. If you have any questions on residency and work, please feel free to send me an e-mail but bear in mind that due to the holiday season there may be some delay in answering your questions.

22 August 2003

Patrick R. Rovers,
lawyer with Van Velzen CS

This column is for informative purposes only, is general in nature, and is not intended to be a substitute for competent legal and professional advice. Dutch rules and regulations regarding foreigners, government or EU policy, work permits, visas and residence permits are continuously subject to change.

Patrick Rovers and Hans van Velzen

Subject: Ask the Experts

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