The Inspectorate of SZW (Social Affairs and Employment), in connection with the Foreign Nationals Employment Act (Wav),investigated the employment of a restaurant employee. According to the Immigration and Naturalization Service (IND) registration, the employee did not yet have residency rights and was not allowed to work.
Only later, after this work, the IND established that as a family member of an EU subject, the employee had the right to residency and to employment. The Inspectorate had determined that at the time the work was carried out, the employee was not allowed to work and should therefore be fined. Everaert Advocaten Immigration Lawyers represented the restaurant and claimed that the employee already had the right to residency and employment on the basis of EU law, which works automatically and therefore EU rights do not depend on establishment thereof by the IND. The Inspectorate has taken the position of the attorney and decided not to impose a penalty.
For more information, please contact Bram van Melle.