Recognised sponsor: IND duties, supervision and sanctions

A recognised sponsor (erkend referent) is an organisation that the Immigration and Naturalisation Service (IND) has recognised under Article 2c of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw) to file residence applications under an accelerated procedure, most often for highly skilled migrants. In exchange, the sponsor carries a duty to inform, a duty to keep records and a duty of care; breaching them can lead to fines of up to €3,000 per violation and, in serious cases, suspension or withdrawal of the recognition.

The obligations run for as long as the migrant is sponsored, and the record-keeping duty continues for five years after the sponsorship ends. Most problems arise when HR or payroll processes a change correctly and nobody connects it to the immigration file.

What is a recognised sponsor?

A recognised sponsor is a company or legal entity registered in the Trade Register that the IND has admitted as a trusted party (Articles 2a and 2c Vw). Only a recognised sponsor can apply for a highly skilled migrant permit, and recognition is also required for some other routes, such as research and study.

Recognition brings shorter procedures and less paperwork. Under Article 2t(1)(b) Vw, the IND relies on the sponsor’s own declarations instead of asking for documents, and Article 2t(2) Vw requires those declarations to be complete and truthful. The sponsor thus takes over part of the IND’s assessment.

What does the duty to inform require?

Under Article 4.44a of the Aliens Decree 2000 (Vreemdelingenbesluit 2000, Vb), the sponsor must notify the IND within four weeks if it knows or can reasonably suspect that the migrant no longer meets the conditions of the permit. It must also report within four weeks when the employment relationship underlying the sponsorship ends.

A late or missing notification is a violation in its own right, even if the underlying change was not. Typical triggers are:

• a salary that falls below the applicable salary criterion, even temporarily, for example through unpaid leave, reduced hours or a payroll correction;
• a move from full-time to part-time work that affects the salary test;
• the end of the employment contract, including dismissal or termination by mutual consent;
• a change of employer within the group, after a merger, demerger or transfer of undertaking.

Build the four-week deadline into your HR and payroll workflow, so that every salary, hours or contract change triggers an immigration check.

What records must a sponsor keep?

Article 4.53 Vb requires the sponsor to keep records on each sponsored migrant, on compliance with its sponsor obligations and on its own position as sponsor. After the sponsorship ends, the former sponsor must keep these records for five years and provide them to the IND on request.

In practice the file contains a copy of the passport, the employment contract and amendments, payslips and proof of payment, and evidence of each notification to the IND. The IND expects the records to be available immediately during an inspection. Check that payroll data, tax filings and the immigration file tell the same story, because inconsistencies are a red flag.

What does the duty of care involve?

Under Article 1.16(2) Vb, the sponsor of a highly skilled migrant, a European Blue Card holder or a student must select and recruit the migrant carefully. Article 2a(3)(b) Vw is the statutory basis for these duties of care towards the migrant.

In practice this means checking that the migrant really meets the conditions, and informing the employee about the rules that apply to his or her residence, for example what happens when the employment ends. Under Article 6.2 Vb, the State can also recover removal costs from a sponsor or former sponsor if it has to arrange the migrant’s departure.

Who is the real employer in payroll and secondment structures?

The IND looks at whether the formal sponsor actually exercises control over the work, the salary and the hours. A payroll company or group entity that is only the employer on paper while another organisation directs the work is a compliance risk.

If a payroll sponsor loses its recognition, every client and employee in that structure is affected. Agree in writing who supervises the work, who owns the immigration file, who monitors salary and hours, and who reports changes to the IND.

How does the salary criterion work?

A highly skilled migrant must earn at least the salary criterion that applies to his or her category. There are separate amounts for migrants aged 30 or older, for those under 30, and a reduced criterion for recent graduates and orientation year holders. The IND adjusts the amounts every year on 1 January and publishes them on ind.nl.

The criterion must be met continuously, not only on the date of the application. A salary that was sufficient in December can fall short in January if it is not adjusted in time. Only the fixed, contractually agreed salary counts, so check the composition of the salary and not only the total.

What sanctions can the IND impose?

Under Article 55a(1) Vw, the IND can fine an organisation up to €3,000 per violation of the duties to inform, to keep records, to provide truthful declarations and of care. The fine can be increased by 50% if the same obligation was violated within the previous 24 months (Article 55a(3) Vw).

The heavier measures are in Articles 2f and 2g Vw. The IND can suspend the recognition if there are serious suspicions that grounds for withdrawal exist, and withdraw it if the recognition was granted on incorrect information, the sponsor no longer meets the conditions or has not complied with its obligations. Without recognition you cannot file new highly skilled migrant applications, and the position of employees already employed must be reassessed.

A fine, suspension or withdrawal is a decision under the General Administrative Law Act (Awb). You can file an objection (bezwaar) within six weeks, and then appeal to the court.

What should you check as an employer and sponsor?

• Does every salary, hours or contract change automatically trigger a check against the salary criterion?
• Is the four-week notification deadline of Article 4.44a Vb built into your HR workflow?
• Is each migrant’s file complete and immediately available, and will it be kept for five years after the sponsorship ends?
• Have you adjusted salaries before the new criteria apply on 1 January?
• In payroll or secondment structures: is it clear who controls the work and who reports to the IND?
• After a merger or restructuring: is the sponsoring entity still the actual employer?

What should you check as a highly skilled migrant?

• Is your employer a recognised sponsor, and is it the entity that actually pays your salary?
• Does your fixed monthly salary still meet the criterion after 1 January?
• Will unpaid leave or part-time work take you below the criterion?
• If your employment ends, do you know your options and the search period for a new sponsor?
• Do you keep copies of your contract, payslips and IND correspondence?

What can we do for you as a recognised sponsor?

We support employers with sponsor compliance and with IND procedures.

• We audit your sponsor files against the record-keeping duty of Article 4.53 Vb.
• We set up a reporting workflow that links HR and payroll changes to the four-week notification deadline.
• We review payroll and secondment contracts for the division of sponsor responsibilities.
• We assess the immigration consequences of a merger, demerger or restructuring before it takes effect.
• We draft the objection (bezwaar) against a fine, suspension or withdrawal and file it within the six-week deadline.

Summary

• A recognised sponsor files applications under an accelerated procedure and relies on its own declarations, which must be complete and truthful (Article 2t Vw).
• Relevant changes and the end of employment must be reported to the IND within four weeks (Article 4.44a Vb).
• Records must be kept for each migrant and retained for five years after sponsorship ends (Article 4.53 Vb).
• Violations can be fined up to €3,000 each, plus 50% for repeat violations (Article 55a Vw); recognition can be suspended or withdrawn.
• The salary criterion must be met continuously; check it every 1 January.

Frequently asked questions