The Highly Skilled Migrant (HSM) procedure is in many cases an easy and fast way to get your new non EU employees to the Netherlands. We can assist with this and other various immigration procedures, including the aplplication for recognised sponsorship with the IND.
Requirements, rights and responsibilities HSM procedure
One of the requirements of the HSM procedure is that the company has to be a so-called recognised sponsor. A recognised immigration sponsor with the Dutch immigration authorities IND has rights and obligations.
The rights are that you can use the HSM procedure for non EU employees that will be employed under a Dutch labour contract and have a certain (yearly changing) minimum salary level. The IND has a portal in which you/we can upload the applications. The policy is that the IND trusts the sponsors; when they submit an application the IND assumes that all ‘paperwork’ is in order. So submitting means approval.
The main responsibilities of recognized sponsors are;
- obligation to provide information
- duty to keep records and obligation to retain
- duty of care
The IND actively checks if your company fulfills the obligations. The Labour Inspection (that is the body that is responsible for all labour related inspections) visits employers and/or checks the information that you have provided/they have received.
Obligation to provide information
We would like to ask for your attention for the obligation to provide information. We notice an increased checking activity from the IND/Labour Inspection.
Many employers have received first warnings now as they forgot to notify the IND about employees that for example have resigned from the company or who have returned to their home country.
Settle Service can assist
We kindly suggest to consult Settle Service for each change in the situation of your international employee (change of home situation, change of contract hours, change of salary, change of start date, resign date, return date et.). We will advise on next steps. In many cases this will mean that we will submit a notification to the IND.
If you have any questions please do let me or your regular Settle Service contact person know.