Dutch Migration Policy
From June 2013, under the new Dutch ‘Modern Migration Policy’, Maastricht University will act as a sponsor with specific responsibilities for all of its international staff that hold one of the following Dutch residence/work permits:
- ‘kennismigrant’ (highly skilled knowledge migrant), including ‘zoekjaar’ (search year)
- ‘onderzoeker in de richtlijn EG 2005/71’
- ‘arbeid in loondienst’.
If you work or will work at Maastricht University ne the basis of one of these residence permits, you are subject to the rights and obligations under the Modern Migration Policy outlined below. Please read the following information carefully.
Obligations under Dutch migration law
An employer who applies for your residence/work permit acts as your sponsor responsible for ensuring that you stay in the Netherlands on a legal basis. The employer – in this case, Maastricht University – must ensure that you comply with all the requirements relevant to a residence permit, both during and after the residence permit application process.
As an employee, you have your own responsibilities in this regard. It is important that you are aware of the rules you and your employer must comply with.
Maastricht University must notify the Dutch Immigration Service (IND) of any changes that could affect your right to reside in the Netherlands, for example if:
- you no longer fulfil the wage/financial income requirement
- your UM contract is terminated
- you are appointed to another position
- you go back to your country of origin
- the employer is no longer able to monitor you.
Your employer must collect, verify and archive relevant information about you, for example:
- a copy of your passport
- a copy of your employment contract, appointment letter or guest/work placement agreement
- a copy of your residence/work permit
- for employee who are transferred from another country: a transfer report from the (parent) company abroad and a statement from the business unit in the Netherlands
- for a regulated professions such as medical doctors: proof of registration in the BIG register
- if you have a residence permit for ‘onderzoeker in de richtlijn EG 2005/71’ but are not in paid employment (for example because you have a scholarship or a personal sponsor), Maastricht University must verify and guarantee that you have sufficient financial means of support. Under the Modern Migration Policy, the university is therefore obliged to ask you each year if you still have sufficient means of support. You need to send one of the following items to prove this:
- a foreign employment contract with salary details, and/or
- a scholarship/fellowship agreement, and/or
- a recent, official bank statement(s) with the full account details, and/or
- if you receive financial support from a third party: an original statement declaring that s/he will financially support you, a copy of that person’s passport, and recent bank statement(s) with his/her full account details.
If Maastricht University no longer acts as your sponsor, it must still archive the relevant details and documents for five years, during which period the IND has the right to request these at any moment to check whether the university is fulfilling its obligations.
Maastricht University will act as your sponsor until:
- you stop working for the university, and the university has notified the IND of this
- you have left the Netherlands and will not return, and the university has notified the IND of this
- you have a permanent residence permit or a residence permit for another residence purpose
- your residence permit is withdrawn
- your employer can no longer act as a (recognized) sponsor
- you have acquired Dutch nationality.
Which rules must you comply with?
You are obliged to provide correct and up-to-date information about your situation at all times. You can inform Maastricht University’s Knowledge Centre for International Staff (KCIS) of any changes; KCIS will then notify the IND. You must, in any case, notify them if you change employers. If you submit an application for a residence permit for any family members or relatives, as their sponsor you will have the associated obligation to collect and keep records of all relevant information. See the publication ‘Enabling a family member or relative to come to the Netherlands’ on www.ind.nl .
Maastricht University and you must notify the IND of any changes that could affect the requirements relevant to the residence permit. The IND will then investigate the changed circumstances and may decide to amend or withdraw your residence permit.
Always notify your employer if you no longer receive the scholarship, funding from your personal sponsor, or the same monthly/annual amount of money that are at the basis of your residence permit.
Changing employers or jobs
Your residence permit will be valid until its expiry date as long as you fulfil the relevant requirements. If you no longer work for Maastricht University or change jobs, the university is obliged to notify the IND of this.
Have you found another job? Then you must personally inform the IND of your new employer within four weeks. The IND will then review your case to check if you still meet the criteria. If you have a residence permit for regular paid work and find another job, your new employer must apply for a new work permit if needed.
Changes to the residence permit
If you have a residence permit for regular paid work but no longer meet the criteria for residence as a highly skilled migrant while still in Maastricht University employment, the university will need to submit an application to change your residence permit.
If your employment contract or appointment is extended, Maastricht University must apply for a residence and, if applicable, work permit extension in good time. A residence permit for seasonal labour or work experience will not be extended if you exceed the maximum period of residence as a result.
If you have a residence permit for regular work as a highly skilled migrant, guest lecturer or trainee doctor, a holder of a European blue card, or a scientific researcher, you can apply for a permanent residence permit after five years.
Withdrawal of the residence permit
If you and Maastricht University no longer fulfil the criteria relevant to the residence permit, the IND will withdraw it. This also applies if the employment contract is terminated, for example in the event of summary dismissal. In this case, you must leave the Netherlands unless you have other legal grounds to reside in the country. If you cannot be blamed for the dismissal, you will be given three months to find another job.
Your rights under Dutch migration law
The residence permit entitles you to reside in the Netherlands for the duration of your employment contract or appointment. If a work permit is issued, the residence permit is valid for the same period as the work permit. A residence permit for work experience can last for up to one year. The residence permit remains valid as long as you meet the requirements.
You can apply for a residence permit for your family members or relatives, except if you have a residence permit for seasonal labour or work experience. You will act as the sponsor for the family member or relative, except if you have Turkish nationality. Maastricht University acts as your sponsor in all cases. For the conditions, see the IND publication Enabling a family member or relative to come to the Netherlands . If you need a work permit to work in the Netherlands, your family members or relatives need one too. If you don’t need a work permit, they don’t need one either.
NB. If you apply for government benefits in the Netherlands, this might affect your entitlement to a residence permit, it might be withdrawn. The IND can also withdraw or refuse to extend your residence permit if you have to start the civic integration process and fail to pass the civic integration exam within three years. For more information about civic integration in the Netherlands, see www.inburgeren.nl .
See also the IND brochure