I want a work permit for migrant workers who do not qualify for the Highly Skilled Migrant Scheme (work permit for non-EU nationals or combined work and residence permit)
If you want someone from outside the EU to perform work in the Netherlands and this person does not qualify for the Highly Skilled Migrant Scheme, you will need a work permit for non-EU nationals (TWV) or a combined work and residence permit (GVVA).
Work permit for non-EU nationals (TWV)
Do you want to hire a foreign worker from outside the EU or from Croatia? Does this person already have a residence permit, or will the work period be shorter than 90 days? If so, you must apply for a work permit. The following conditions apply.
- The vacancy must have been posted at the Dutch Employee Insurance Agency (UWV) for at least five weeks
- If it concerns vacancies that are difficult to fill, this period may be extended to three months
- You can prove, as an employer, that you have actively searched for a suitable candidate
The situation is slightly different for Croatian nationals. As EU citizens, Croatians do not need a residence permit. Up until 1 July 2018, however, a work permit is required.
How do I apply for a work permit for non-EU nationals?
As soon as the vacancy has been posted for five weeks, you can apply for the work permit with the Dutch Employee Insurance Agency. It can take up to five weeks for your application to be processed. During this period, the Employee Insurance Agency will seek answers to the following.
- Have sufficient efforts been made to fill the vacancy?
- Is the salary offered in line with market conditions?
- Has housing for the migrant worker been properly arranged?
A major advantage of the work permit is the requirement of a salary in line with market conditions. This may be considerably lower than the salary threshold under the Highly Skilled Migrant Scheme.
Combined work and residence permit (GVVA)
With the combined work and residence permit, a foreign employee is entitled to work and reside in the Netherlands. This document is also called the ‘alien’s passport‘. You must apply for the combined work and residence permit with the Immigration and Naturalisation Service (IND), which will forward the application to the Employee Insurance Agency. As with the work permit for non-EU nationals (TWV), the Employee Insurance Agency assesses the following.
- Have sufficient efforts been made to fill the vacancy?
- Is the salary offered in line with market conditions?
- Has housing for the migrant worker been properly arranged?
The IND’s decision whether to accept or reject the application is based on the recommendation of the assessment. Bear in mind that there are several exceptions. Special rules apply to the following.
- Certain fields and professions, such as the Asian hospitality sector, the arts and culture sector, non-profit organisations, clerics, and athletes
- Turkish nationals and their family members
- Seasonal workers who come to the Netherlands for more than three months; in this case, residence and work permits for non-EU nationals must be applied for separately
Want to know more about the work permit for non-EU nationals or the combined work and residence permit?
A successful application for a work permit requires careful preparation and documentation of the process. Our extensive experience in this field ensures that the procedure does not take longer than is strictly necessary. Call or email us today for an appointment.