As a recognized sponsor of highly-skilled migrants, you have a “duty of care”.
This means you must carry out a careful selection and recruitment process of highly-skilled migrants as well as informing them during the selection and recruitment process as to the entry and residence conditions with which they must comply.
The IND has confirmed to us that the latter condition will have been met, if, by the time the highly-skilled migrant arrives in the Netherlands, he or she has received this brochure.
The IND may impose an administrative fine of up to €3,000.- if there is a serious breach in the legal obligations. The IND considers a violation of the duty of care obligation as severe and will remove the recognized sponsor status if there are more than 3 of them.
With regard to being subject to fines for violating the duty of care obligation, it is important that you not only comply, but are also able to prove compliance at a later date. Therefore, we advise the following:
• Send the brochure during the selection and recruitment process by email to the new employee, on or before arrival, with the instructions to thoroughly read the contents, contact you with questions and request a receipt confirmation thereof, keeping copies of both the sent and the received emails with the attached brochure, either electronically or printed, in a physical personnel file.
• Present the brochure during the selection and recruitment process to the new employee with instructions to thoroughly read the contents and contact you with questions. Have the employee sign the brochure upon receipt of it and note the date on which this takes place. Keep an electronic (scanned) copy of the signed and dated brochure in a physical personnel file.
We recommend that you keep this information for up to 5 years after the employee no longer works for you in the Netherlands and to distribute the brochure to the highly skilled migrants who are already employed by you.
This obligation is not only applicable to the incoming highly-skilled migrants, but also to those you employ who already have residence permits as highly skilled migrants.
If you have questions or comments with regard to the above or information, administration and duty of care obligations in general, you can get in touch with Marcel Reurs or Kirsty Gies.