An employer in the Asian catering industry who wants to hire a chef from outside the EU must apply for a combined work/residence permit (GVVA). In certain situations, specific conditions apply.

From 1 January 2020, family members of foreign entrepreneurs can take up paid employment without having to apply for a work permit.

As already announced in our article of November 20th, as of 1 January 2020 family members of self-employed persons will have free access to the Dutch labour market and can therefore work in employment. Family members of self-employed persons that do not have free access to the Dutch labour market yet, can apply to change their residence permit according to the new rules mentioned above.

If a non-EU person (third country national) wants to work in the Netherlands, he/she can do so as a Highly Skilled Migrant, with an EU Blue card or with a combined permit for stay and work (GVVA). If it concerns an intra company transferee, the EU ICT Directive may be applicable. Lastly, there are special regulations for posting staff within the EU (cross-border service provision).

Our services

Everaert Advocaten has more than 30 years of experience in assisting Dutch and international companies in the Netherlands and abroad. Our lawyers are seasoned professionals in the field of labor migration to the Netherlands and Europe.

We can help to find your best options, which application types are best suited to your needs and advise on the compliancy issues involved. When things have gone awry, you can also call in our support.

For more information or advice on any of the above, please contact Marcel Reurs or Bram van Melle.

Effective 29 November 2016 the Netherlands implements the Directive of the European Union regulating the entry and residence of non-EU nationals transfered within a multinational company. The Netherlands is one of the 26 member states of the European Union that has approved Directive 2014/66/EC of 15 May 2014. The Directive stipulates which conditions member states may pose to the residence of non-EU migrants in the framework of an intra-corporate transfer, or ICT.

The restriction that participants in an exchange program are only allowed to work for 12 consecutive weeks for the same employer, has been cancelled as of 1 October 2019.

When an employer in the Netherlands wants to hire a non-EU employee, who does not fall within the scope of the intra-company transfer (ICT) program, highly skilled migrant program or EU Blue card program, it may be possible to apply for a GVVA: a combined permit for work and stay.

Single permit for residence and work (GVVA)

With the GVVA permit, the foreign employee simultaneously obtains legal stay and work authorization in the Netherlands. The application is filed in a single procedure and results in one decision and one ID document: the ‘residence card’. The GVVA application procedure is laid down in EU Directive 2011/98.

Usually the employer will apply for the GVVA, but the employee can do so as well. For this procedure, an employer does not need to be a recognized sponsor.

A GVVA is a suitable permit for certain professions in the Netherlands.

Regular work permit (TWV)

In other cases, a regular, separate, work permit (TWV) is required; the employer should make the work permit application. An application must be submitted to the UWV (Employee Insurance Agency). Only an employer can apply for a work permit, not the employee themselves. A residence permit, if required, must be applied for separately with the IND.

More favorable rules apply to Turkish nationals and their family members.

Other cases: the labor market test

When an employer wants to hire an person from outside the EU, but not for any of the occupations mentioned above, it is theoretically possible to apply for a GVVA. For such an application, a labour market test is mandatory. The employer must have made an effort to recruit staff locally or within the European labor market first, and then must be able to demonstrate that no suitable candidates are available from within the EU. Only then, the labor market test will result in a positive advice.

Due to the strictness of the labor market test, issuance of a ‘regular’ GVVA permit is rare. It is almost impossible to prove that no suitable staff is available on the Dutch or European market. The application will be rejected in most cases.

If you wonder whether this scenario could apply to you, we recommend to contact our lawyers for advice about your options.

Depending on the job description and circumstances, the following programs could be more suitable:

• Highly skilled migrant program
• European Blue Card
• Intra-corporate transfer (ICT)
• Cross-border provision of services

 For more information, please contact Marcel Reurs or Bram van Melle. 

Starting 1 July 2018, Croatian nationals will be free on the Dutch labor market.