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Netherlands Information · Joined: 21 Oct 2006 Posts: 20 Home Country: netherlands

WORK PERMITS IN NETHERLANDS

The Netherlands have experienced sustained growth over the past several years partly due to its favourable position within Europe and its flexible labour force. It remains an attractive country for investment and for foreign nationals to work.

Before an employer can apply for a Netherlands work permit for a non-EEA national, it is normally necessary to show that attempts have been made to fill the position from the local and EEA labour markets. These attempts should include advertising in national newspapers, websites, industry publications, etc. However, the local employment service, or Arbeitsamt, will run searches for EU nationals with the appropriate skills by using the European Employment Services placement network (EURES). Usually Dutch employers should also have looked into training existing employees.

A few years ago the local Dutch labour authorities recognised certain shortages in some types of IT and Telecoms skills and work permit applications could be lodged for relevant IT / Telecoms positions without showing details of the above detailed recruitment search. Due to the current IT situation in Europe, it is not as easy to obtain work permits for IT professionals but it is still easier to do so in comparison to other highly-skilled occupations, and usually does not involve the need to advertise.

Unfortunately, the application process for Netherlands work permits often means that candidates can not even visit the Netherlands to attend meetings while the Netherlands work permit application is being processed, unless they are non-visa nationals.

One attractive aspect of employing foreign nationals in the Netherlands is that many will qualify to receive 35% of their income tax-free. The effect of this is to make the overall tax burden similar to that faced in the UK.

After having lived in the Netherlands for three years on a work permit it is often possible for an individual to obtain permanent residence. Thereafter they are free to take up any lawful employment and no longer require an employer-sponsored work permit.

Processing duration

Once the work permit is lodged, the application should usually take no more than 5 weeks to be processed (as at April 2004).

However, the possession of a work permit does not exempt the holder from visa requirements. It is the responsibility of the candidate to ensure that the visa is secured. This application must be made by the candidate in person before the work permit application. Once the work permit is approved, the residence permit/visa is issued. This can take anywhere from a few days to a few months to secure, depending on the nationality of the candidate.

Qualification for a Work Permit

To qualify for a Netherlands work permit, the candidate should be a professional and have the skill set and qualifications necessary to fill a position that has already been unsuccessfully advertised in the Netherlands, or which is subject to recognised shortages. There is a legal requirement that the candidate is between 18 and 45 years of age, although it is unlikely that a candidate under the age of 23 would have the relevant experience or skills necessary to fill a professional position.

If a non-Netherlands company is supplying services to a Netherlands based client, then the candidate should usually have been employed by you outside the Netherlands for at least six months.

The salary paid to the candidate should be greater than the minimum wage level outlined in previous section about Netherlands work permits.

Candidates who are nationals of the following countries are exempted from the requirement to obtain a Netherlands residence visa (MVV), but should obtain a residence permit (VTV) if remaining in the Netherlands for longer than six months.

* All EU countries
* Norway
* Iceland
* Liechtenstein
* Switzerland
* Japan
* New Zealand
* Australia
* Canada
* United States

For nationals of all other countries, the candidate should apply for a residence permit (MVV) at the Royal Netherlands Embassy in their normal country of residence before a work permit application is made. The candidate is then prohibited from travelling to any Schengen state until a decision is made on the application. Once the work permit is approved, the MVV is granted by the Embassy within a period of a few days to several months, in the cases of certain countries.

NB: A Netherlands work permit is employer-specific. If a candidate has a permit to work for one company, and they want to work for another Netherlands company, this would not be possible – unless/until the new company has obtained another work permit in their name.

Applying for Work Permit

Unless the candidate is exempted from the MVV requirement (ie. is a national of: any EU country, Norway, Iceland, Liechtenstein, Switzerland, Japan, New Zealand, Australia, Canada or the United States), the first stage of the process requires the candidate to make an application for a temporary residence permit/visa (MVV) through his/her local Royal Netherlands embassy. Workpermit.com can then lodge a work permit application on your behalf at the Regional Employment Board (RBA) who approve it initially and pass it to the National Employment Board (AFB)/Arbeitsbureau who make the final decision, after having considered the national and EC labour markets. There is a separate employment office who consider highly-skilled IT professional work permit applications. When the work permit is approved, the residence permit is issued by the Embassy and the candidate may then travel to the Netherlands and begin working.

Where no MVV is required, the candidate can enter the Netherlands by producing the work permit together with their passport. Note that non-visa nationals may travel to the Netherlands to attend business meetings whilst their work permit is being processed, but they may not begin working, of course, until the work permit is approved.

Van der Elst Visa

A 1994 ruling by the European Court of Justice relating to the right of an EU company to provide services across the EU without the need for obtaining additional work permits has been recognised by the Netherlands. This "Vander Elst" ruling has evolved into a new type of visa category, called "Vander Elst visas" in some EU countries.

The regulation provides for any non-EU employees who have been working in the EU for a service provider for more than 12 months to be admitted as Vander Elst cases. The maximum stay in the Netherlands on a Vander Elst visa is six months.

Despite this progress, in order to obtain a Netherlands Van der Elst visa it is still necessary to lodge a work permit application with the RBA and/or AFB. The authorities will then decide whether, given the circumstances, a work permit is required or not and if indeed a Vander Elst visa should be issued. This procedure may seem unnecessarily complex, but usually takes less than the usual five weeks that a normal Netherlands work permit application would take. Depending on your country of residence, it may be worth inquiring at the local Royal Netherlands Embassy whether or not a Vander Elst visa application can be made directly through the Embassy.

Residence Permit

The Netherlands Embassy must obtain approval for the issuance of a temporary residence permit from the immigration authorities in the Netherlands. It is important that you apply for the temporary residence permit at least three months prior to your intended stay in the Netherlands. If you will not be working you will need to show that you have sufficient funds to support yourself while you are living in the Netherlands.

If one is working and holding a valid work permit and holds a temporary residence visa (MVV) for three years, then one may be able to gain permanent residency in the Netherlands.