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On 1 June, Modern Migration Policy Act will be introduced. This was reported by the State Secretary Teeven in his letter to the House of Representatives from 5 March 2013. At the same time, National Visa Act (also referred to as MVV Act) will be introduces. Part of Modern Migration Policy Act, namely tha admission of wealthy foreign nationals, will not enter into force yet.
After the entry into force of Modern Migration Policy Act, the IND will aim to have the residence permit ready as soon the foreign national enters the Netherlands. Issuance of a residence permit will be considered as publishing the decision of the IND to grant a residence permit. In the unlikely event that the decision is issued somewhat later, but no later than 2 weeks after the foreign national has reported to the IND, the foreign national can have a residence sticker placed in his passport. With this sticker, he can prove that he is legally a resident in the Netherlands and that he may work here. Foreign nationals may not work in the Netherlnads unless they have a valid residence permit or a residence sticker.
The IND has the intention to create a residence permit while the foreign national is still abroad. For the timely preparation of the residence permit, it is very important that the sponsor or the authorised representative sends the appendix “Photo card” with a passport photo of the foreign national enclosed with the application for a residence permit. The passport photo must meet the requirements listed in appendix L to the passport implementing regulations, the Photo Matrix Model 2007. A list of all requirements that passport photos must meet, can be found on the website www.paspoortinformatie.nl.
Please note! If the passport photo does not meet these requirements, the IND will not be able to use the passport photo. In this case, a residence permit cannot be ordered. Then the IND will give you another opportunity to provide a photo card with the correct passport photo.
Under the new immigration policy, pursuant to article XI of Modern Migration Policy Act, voluntary agreements and statements will be converted into recognition as a sponsor by operation of law if the following two conditions are met:
1. A voluntary agreement was concluded with the IND in the past or a Highly Skilled Migrants Scheme statement was completed and it is still valid.
2. In the year preceding the introduction of Modern Migration Policy Act, a Regular Provisional Residence Permit or a residence permit was granted on the basis of this voluntary agreement or this statement.
On 18 April 2013, the IND sent a letter with an intention to all companies and organisations. This intention indicates wether the company/organisation is eligible to become a recognised sponsor by opertaion of law. Letters that came back as undelivered, are being processed now; they will be once again sent to company adresses from the Trade register of the Chamber of Commerce.
After July 1, the IND will send a final decision to all companies and organisations. In the decision, the IND will indicate wether this company will be regarded as a recognised sponsor as from 1 June 2013. The recipient can file an objection against this decision.
In the first weeks of June, the IND will consider once again wether the companies/organisations that submitted applications between April 2013 and June 2013, will qualify for legally recognised sponsorship. The companies and organisations in concern will be informed about this in writing.
What does it mean for you as employer when your employee brings his family here under Modern Migration Policy?
Under the current policy, you should file an application for a Regular Residence Permit (MVV) as well as an application for a residence permit (VVR) for your employee (and any family members travelling with him or coming later). With these applications, you should submit the required and duly legalised supporting documents. Upon the receipt of your application and supporting documents, the IND will give a decision on your application.
The residence permit application procedure will change as from 1 June 2013. As a recognised sponsor, you can file an application for Admission and Residence (TEV) for the foreign national and his family members. By signing your own statement (part of the application form), you declare that you have all the necessary documents for the residence permit of your employee and that they are in order. You also declare that your employee has the supporting documents necessary for the application for a residence permit for his family members.
If you wish to apply for a residence permit for your employee, you only have to attach a copy of the employee’s passport and an antecedents declaration to the application form.
If it has to do with a residence permit application for one or several family members, then you must attach a copy of the certificates that prove the family relationship (eg. a marriage certificate and/or birth certificate) to the application form. In addition, you must attach a sponsorship statement signed by your employee. Your employee takes hereby the responsibility (under the Aliens Act) for his familiy members.
Under Modern Migration Policy, you have legal obligations with respect to your employee. For example, you are obliged to inform the IND of relevant changes related to the Aliens Act. As a sponsor of his family members, your employee has these obligations with respect to his family members. He must inform the IND of relevant changes related to the Aliens Act regarding his family members.
As from 1 June, other administrative charges will apply to the applications of recognised sponsors. For Admission and Residence Procedure (TEV) and residence permit sponsor procedure:
An application for recognition as employment category is subject to a one-off administrative charge of € 5.000. The recognition is valid indefinitely.
It’s no use any more filing an apllication for admision to the Highly Skilled Migrants Scheme or for recognition as a research institution under Directive 2005/71/EC for scientific researchers. As a result of the entry into force of Modern Migration Policy Act, all agreements will be legally terminated on 1 June this year. Without a decision to grant a residence permit application filed before 1 June 2013 for highly skilled migrants or scientific researchers (Directive 2005/71/EC), you will not be eligible for legally recognised sponsorship by 1 June as it applies under Modern Migration Policy. As from 1 June 2013, you must apply for recognised sponsorship in order to be able to act as a sponsor.