Specialist lawyer Patrick Rovers looks at several recent developments in regulations regarding foreigners, policy, work permits, visas, and residence permits in the Netherlands.

With the possible introduction of the 'kennismigrant' (knowledge worker) residence permit category, the Dutch government may cause a genuine landslide in foreign labour relations. This specific residence permit will render a separate work permit superfluous, and will definitely change the perspective of HR professionals on how relocation procedures for their foreign specialist and managers are to be implemented.

With regard to the regular Dutch / EU work and residence permit schema there have been several recent developments as follows.

On June 15, 2004, the CWI (the Dutch central employment authority) issued a change concerning their policy regulations. From 1 July till 31 December 2004 the following occupations are exempted from the mandatory vacancy registration: managers and specialists with a gross monthly salary of 3,900 EUR or more, sports coaches and circus performers.

 On 13 July 2004, the CWI issued another policy change. From 1 August till 1 November 2004 the Dutch labour market is 'open' (a work permit is still required but very easily obtained) to nationals from the EU countries Poland, Estonia, Latvia, Hungary, Lithuania, the Czech Republic, Slovenia, and Slovakia with the following occupations: international lorry drivers (international transport), sailors and steersmen (inland navigation), radio-therapy laboratory workers, radio-diagnostic laboratory workers and operating room assistants (health care sector), and butchers (slaughter houses and meat processing industry). CWI assessed that vis-à-vis these occupations there is a definite shortage of employees on the Dutch labour market.

Therefore the Dutch economy can use these kinds of professionals from Middle and Eastern European countries. Note that the CWI will check the aforementioned shortage every three months. If the shortage is no longer tangible, the list of occupations will be adjusted.

On 1 May 2004, ten countries joined the European Union. For citizens of Poland, Estonia, Latvia, Hungary, Lithuania, the Czech Republic, Slovenia, and Slovakia however, most of the European labour market remained closed as regular work permit regulations stayed effective. Some noteworthy exceptions exist as follows:

If and when a citizen of one of the new EU member states was legally working in the Netherlands on 1 May 2004 and was given access to the Dutch labour market for twelve months or more, that citizen has a right to an EU/ EER residency document with the annotation 'arbeid toegestaan, tewerkstellingsvergunning niet vereist' (employment allowed, work permit not required). The aforementioned access to the Dutch labour market can be assessed based on a valid Dutch work permit or on a Dutch residence permit with one of the following annotations: 'arbeid vrij toegestaan, TWV niet vereist', 'arbeid toegestaan mits TWV', or 'specifieke arbeid toegestaan met TWV'.

In April of this year the Dutch immigration authorities (Immigratie- en Naturalisatiedienst /IND) took over the entire Dutch residence permit allocation system. Advice with regard to MVV applications, residence permits, return visas, residency stickers: they are all the exclusive domain of the IND. Regrettably the IND has difficulty ensuring the regular legal handling and processing terms and members of the Dutch 'Tweede Kamer' have asked Mrs Verdonk, the Minister for 'Vreemdelingenzaken en Intergratie' for an explanation. Verdonk promised the Tweede Kamer that the IND would have its affairs in order before the end of the year.

With the possible introduction of the knowledge worker category, the steady decrease of the number of asylum seekers, and the decline of the naturalisation requests, it looks like the IND is facing another reorganisation. Therefore it may be wise not to bank too much on Verdonk's promise.

Please note that this article is for informative purposes only, is general in nature, and is not intended to be a substitute for competent legal and professional advice. Dutch rules and regulations regarding foreigners, policy, work permits, visas, and residence permits are continuously subject to change.

August 2004

Patrick R. Rovers is a lawyer with Van Velzen CS, based in the Netherlands.