Inspection visits to recognised sponsors by IND
It is the task of IND to supervise recognised sponsors. After an investigation, the Inspection for Justice and Security has reached the conclusion that the supervision of employers as recognised sponsors in its present form is not sufficiently effective. That is why the IND takes measures to intensify the enforcement.
In 2018 the IND will perform inspection visits to employers acting as recognised sponsors. During the visits, the IND checks whether the recognised sponsor complies with the requirements of the Modern Migration policy (MoMi). Under this policy, recognised sponsors have a duty of disclosure, a duty of administration and a duty of care.
We have done some further research into the ‘duty of care’. What is this and how is this determined? The IND says: “The IND expects from recognized sponsors that he will provide sufficient and good information on the relevant regulations to his non-EU employees. With this information the employee will know his rights and duties during his stay in the Netherlands. Duty of care also means that the recognized sponsor has to have a accurate recruitment and selection process. The sponsor will have to keep all documents on file that are relevant for the recruitment, selection and immigration procedure and will have to proof that the employee was fully informed.
More information on the duty of care can be found on https://ind.nl/en/work/Pages/Recognition_as_a_sponsor.aspx.
The inspection visits of the IND will be done on a random basis. Has your organisation been selected for an inspection visit? In that case the Enforcement department will make an appointment with you. For this inspection visit the IND may ask you to provide documents from your administration. In that way the Enforcement department gains insight in the way your organisation implements the existing requirements. In applications from recognised sponsors the IND takes ‘own statements’ as basis. To be able to continue doing this, it is of vital importance that recognised sponsors correctly and accurately meet these requirements.
Will an inspection visit to your company take place? Need advice? Please contact Settle Service!