It follows from the recently published report ‘Between enforcement and the provision of services’ by the Inspection of the Ministry of Justice and Security of the Netherlands, that supervision by the Immigration and Naturalization Service (IND) of employers who are considered recognized sponsors is insufficiently effective. The IND has, therefore, announced to expand its supervisory and enforcement tasks.
Between enforcement and the provision of services
As a service provider, the IND needs to ensure that recognized sponsors can hire foreign nationals for employment in the Netherlands, quickly and easily. Since the introduction of the Modern Migration Policy Act (MOMI), in June 2013, the IND also has had the task of supervising recognized sponsors and to intervene in the event of a breach of obligations or abuse of the procedure. The Inspection’s report states that the IND has given insufficient priority to its supervisory and enforcement tasks.
What will change?
The Minister for Migration, Mark Harbers, has endorsed the conclusions of the report in a letter to parliament. In the letter, he indicates that the IND will implement the following measures, based on the report’s recommendations.
- in the future, service, supervisory and enforcement tasks will be carried out by different teams in order to avoid confusion of tasks.
- the IND will strive for a better (automated) exchange of information with other government departments in order to quickly identify sponsors who fail to meet their obligations or who no longer meet the conditions for recognition.
- the IND will publish the results of its supervisory and enforcement tasks externally (e.g. the number of warnings, fines or withdrawals).
- the IND will ensure that sufficient staff is available for supervisory and enforcement tasks and entrust a separate group of employees with the implementation of the penalty policy.
What are the consequences for recognized sponsors?
The IND will enforce stricter compliance with the information, administration, care and retention duties and impose a warning or a fine if a recognized sponsor fails to fulfil its obligations. If several fines are imposed on a sponsor, this can lead to suspension and withdrawal of the recognized sponsorship.
It is very important that both ordinary and recognized sponsors are well informed of their obligations. Everaert Advocaten can deliver tailor-made information in (online) documentation and can provide in-company training. You can also contact us for mock audits. In that case we would check whether your company’s HR administration would pass inspection.
For more information please contact Marcel Reurs.