If you want an employee from outside the European Union to work in the Netherlands for more than three months, they usually need a single permit (gecombineerde vergunning voor verblijf en arbeid, GVVA): one permit for residence and work together. The employer applies to the Immigration and Naturalisation Service (IND), which asks the Employee Insurance Agency (UWV) for advice on the labour market. The single permit is only granted if no suitable candidate can be found in the Netherlands or the EU.
When do you need a single permit?
| Situation | What is needed |
|---|---|
| Employee from the EU, the EEA or Switzerland | No permit |
| Employee from outside the EU, more than 90 days | Single permit (GVVA), unless another scheme applies |
| Employee from outside the EU, less than 90 days | Only a work permit (tewerkstellingsvergunning, TWV) from the UWV, plus a visa if required; see our article on the Dutch work permit |
| Highly skilled migrant with a recognised sponsor | Highly skilled migrant residence permit, without a labour market test |
How does the labour market test work?
The UWV assesses whether job seekers in the Netherlands or the EU are available for the position. As the employer, you must show that you have seriously searched for such candidates. According to the UWV, you report the vacancy at least five weeks before the application and search intensively for at least three months for candidates from the EU, the EEA or Switzerland. Keep advertisements, invoices and a record of the selection. The salary must also be in line with the market and at least the statutory minimum wage.
The labour market test is why a single permit application is often harder than an application for a highly skilled migrant. It pays to check first whether another route is available.
Which routes avoid the labour market test?
- Highly skilled migrant: for employees with a salary above the IND threshold, with an employer that is a recognised sponsor (erkend referent).
- EU Blue Card: for highly educated employees with an employment contract of at least six months and a salary above its own threshold.
- Intra-corporate transfer (ICT directive): for managers, specialists and trainees who come temporarily to a Dutch branch.
- Orientation year for highly educated persons: recent graduates may work freely during that year.
What happens when the employee changes jobs?
The single permit is tied to the employer and the position. A new employer must apply for a new permit. A substantial change of position with the same employer can also require a new permit. The permit is granted for the duration of the employment contract, up to a maximum of three years.
What risks does the employer run?
Letting an employee from outside the EU work without the right permit is a breach of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen). The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) can impose a fine of several thousand euros per employee, which increases for repeat offences. A recognised sponsor can also lose its recognition. Always check the residence document of a new employee and keep a copy in your records.
In short
- An employee from outside the EU who works here for more than 90 days usually needs a single permit.
- The single permit requires a labour market test: report the vacancy at least five weeks in advance and recruit intensively for three months.
- Highly skilled migrant, EU Blue Card, ICT and the orientation year are routes without a labour market test.
- The permit belongs to one employer and one position and is valid for up to three years.
- Working without a permit leads to a fine per employee.
Frequently asked questions
Who applies for the single permit, the employer or the employee?
Usually the employer, on behalf of the employee. The application goes to the IND.
Can my employee start working before the permit is granted?
No. The employee may only start once the IND has granted the permit.
The application was refused because suitable candidates were available. What now?
You can object to the decision with the IND within four weeks. In the objection you can explain why the available candidates are not suitable.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day. Our immigration lawyers help you choose the right permit, prepare the application and assist you in objection proceedings.
