To perform work activities in The Netherlands, the most adequate immigration categories to be applied for are: Highly Skilled Migrant Program, European Blue Card and the Intra-company transfers.
All these categories, allow to skip the quota system and the advertisement system, which otherwise employers wishing to have non-EU performing working activities in the Netherlands should undergo.
The Highly Skilled Migrant program can be accessed by employers with recognized sponsor status wishing to sponsor migrant employees whose salary is in line with Dutch market level and meets the set threshold.
The European Blue Card is applicable to candidate who have completed a post-secondary education programme of at least three years and been awarded a diploma & whose salary meets a higher threshold. Sponsoring employers might or might not have a recognized sponsor status.
The Intra-Company-Transferee is based on the ICT Directive as far as the immigration rules are concerned, and on the Posted Workers Directive (96/71/EC) and the Posted Workers Enforcement Directive as far as the employment conditions are concerned. To apply for Intra Company Transferee both the home and the host company as well as the employee him/herself have to comply with dedicated fulfillments. In details, the employee has to be a manager, specialist or trainee; needs to be qualified at university or undergraduate level and to be employed by the home company for at least three months under a valid employment or trainee contract. The home company is an employer outside of the European Union and host entity and sending entity belong to the same corporate group. Once the period of the assignment has expired, the foreign national will return to a corporate group outside the European Union.
PROCESSING TIME: you need to consider 90 days processing time as from the documents submission, unless the employer has recognized sponsor status, in which case the approval time is reduced to two weeks’.
PENALTIES: As set in the Immigration Act, the non-compliance with sponsor duties may result in a warning or a penalty of €3,000 per violation. This amount is increased to €4,500 for subsequent offences committed within two years. This applies to ordinary and recognised sponsors, equally.