A work permit, in Dutch a tewerkstellingsvergunning, is the permit an employer needs in order to employ a foreign national who does not have free access to the Dutch labour market. It is granted to the employer, not to the employee.
Legal basis
The Foreign Nationals (Employment) Act prohibits allowing a foreign national to work without a permit. Article 8 lists the mandatory grounds for refusal, including the availability of priority supply: the employer must show that no suitable candidate can be found within the European Economic Area, after advertising the vacancy and recruiting for in principle three months. Article 9 contains discretionary grounds. For work lasting longer than three months the work permit is combined with the residence permit in the single permit for residence and work. Highly skilled migrants, EU Blue Card holders and graduates during the orientation year are exempt.
How it works in practice
The application is made to the UWV and usually takes a few weeks. The employer must offer market-rate terms, suitable accommodation where relevant, and must establish and retain the employee’s identity documents. Exemptions or a shortened procedure apply to certain sectors and to short assignments. For cross-border services within the European Union a notification may suffice.
Where it goes wrong
Employers let someone start while the permit is pending; that attracts an administrative fine per worker, even for a single day. A second error is a thin recruitment effort, so that the application fails on priority supply. Third, the chain goes unmonitored: the hirer can also be fined for work actually performed at its premises.
Related terms
The permit connects to the single permit for residence and work, the highly skilled migrant scheme and the EU Blue Card.
Would you like to apply for a permit, or have you been fined? Our immigration law specialists guide the process.
