Yes, an employer that is not a recognised sponsor (erkend referent) with the IND can bring a foreign employee to the Netherlands temporarily, but not through the highly skilled migrant scheme, which requires recognition. The main alternatives are the EU Blue Card, the intra-corporate transfer permit, a work permit or combined permit with a labour market test, and placement through a recognised intermediary.
No permit is needed for nationals of the EU, the EEA or Switzerland. Under Article 2 of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav), every other foreign national needs a work permit (tewerkstellingsvergunning, TWV) or a combined residence and work permit (gecombineerde vergunning, GVVA) before starting work.
What does recognised sponsorship change?
Recognition is granted by the IND under Article 2c of the Aliens Act 2000 (Vreemdelingenwet 2000) and gives access to faster procedures with fewer documents. Without it, you can still apply, but you must prove more yourself and some routes are closed.
The highly skilled migrant scheme (kennismigrant) is only open to employers recognised as sponsors, as the Aliens Decree 2000 (Vreemdelingenbesluit 2000) provides. For other permits, the IND must decide within 90 days under Article 25 of the Aliens Act; recognised sponsors usually get a decision sooner.
Which routes are open without recognition?
Four routes are open, and the right one depends on the employee’s qualifications, their current employer and the length of the assignment. Check the current salary thresholds on ind.nl, as they change every year on 1 January.
EU Blue Card
The EU Blue Card is for highly qualified employees and can be applied for by an employer that is not recognised. Under Article 3.30b of the Aliens Decree, the employee needs an employment contract or binding job offer of at least six months for highly qualified work, with a gross salary at or above the Blue Card threshold.
The employer may not have been fined in the previous five years for breaches of the Wav, the Working Hours Act, the minimum wage rules or for failing to pay wage tax and social security contributions. No labour market test applies to the Blue Card.
Intra-corporate transfer (ICT)
The ICT permit is for managers, specialists and trainees transferred from a group company outside the EU to a Dutch entity of the same group. Under Article 3.30d of the Aliens Decree, the employee must have worked for the group for at least three uninterrupted months immediately before the transfer, and a trainee must have a master’s degree.
The employment contract or assignment letter must state the duration, the salary and that the employee can return to a group company outside the EU afterwards. The maximum stay is three years for managers and specialists and one year for trainees.
Work permit or combined permit with a labour market test
For other employees, you need a TWV from the UWV (stays up to 90 days) or a GVVA from the IND, which asks the UWV for advice (longer stays). Under Article 8 of the Wav, the permit is refused if suitable candidates from the Netherlands, the EEA or Switzerland are available.
You must report the vacancy to the UWV at least five weeks before you apply and show that you made sufficient recruitment efforts, for example through EURES. Wages and working conditions must meet the statutory level and what is usual in the sector. Under Article 11 of the Wav, a TWV is granted for at most three years, and for temporary work by a newly admitted foreign national for at most 24 weeks.
Placement through a recognised intermediary
A recognised employer, often a Dutch employment agency or payroll company, can employ the worker and place them with you. The intermediary is then the sponsor and handles the IND application, while you remain responsible for safe working conditions on your premises.
Under Article 15 of the Wav, if a foreign national works at another company’s premises, the formal employer must give that company a copy of the worker’s identity document at the start of the work.
When is a notification enough instead of a permit?
When a company established in another EU member state posts its own employees to the Netherlands to provide a service. The posting must then be notified through the online posting portal (Meldloket) before the work starts, under Article 8 of the Posted Workers in the European Union (Working Conditions) Act (WagwEU).
As the Dutch client, you must check that the notification has been made and is correct. Posted workers are entitled to the core Dutch employment conditions from the first day, including the statutory minimum wage. Third-country nationals who are lawfully employed by the posting company generally need no Dutch work permit in this situation, but check this per case.
The rules distinguish three forms. In a posting, the worker stays employed by the foreign company. Through an agency, the agency is the employer and must comply with Dutch agency rules. In direct employment, you sign the contract and act as employer and sponsor.
Are there special routes for seasonal work and other sectors?
Yes. Seasonal workers can get a residence permit under Article 3.30c of the Aliens Decree, but the labour market test of Article 8 of the Wav still applies.
Researchers can come under Directive (EU) 2016/801 through a research institution recognised by the IND. Self-employed persons and start-up founders need their own residence permit and no employer; see our page on the work permit in the Netherlands for the general rules.
What happens if you get it wrong?
The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) enforces the Wav. Under Article 19d of the Wav, the administrative fine per violation can reach the amount of the fifth category under Article 23 of the Dutch Criminal Code, and fines are increased for repeat offences.
A fine also has consequences beyond the amount. Under Article 3.30b of the Aliens Decree, a Blue Card can be refused if the employer was fined for a Wav breach in the previous five years, and the same applies to ICT applications. Check permits before the first working day, not after.
What should you check as an employer?
- Check the employee’s nationality: EU, EEA and Swiss nationals need no permit.
- Check whether the employee qualifies for a Blue Card (education, contract of at least six months, salary threshold).
- For a group transfer, check that the employee has worked for the group for at least three months immediately before the transfer.
- For a TWV or GVVA, report the vacancy to the UWV at least five weeks before applying and keep your recruitment evidence.
- For a posting by an EU company, check the Meldloket notification before work starts.
- Check that you have not been fined under the Wav in the last five years.
What should you check as an employee?
- Check which permit your employer is applying for and that it covers your work for this employer.
- Do not start working before the TWV, GVVA, Blue Card or ICT permit has been granted.
- Check that your salary meets the threshold for your permit.
- If you are posted, check that you receive at least the Dutch minimum wage and the core Dutch employment conditions.
- Keep copies of your contract, assignment letter and permit decision.
What can we do for you with bringing an employee to the Netherlands?
Our immigration lawyers advise employers and employees on every route described above.
- We assess which route fits your employee and assignment, and list the documents needed.
- We check the employment contract or assignment letter against the Blue Card or ICT conditions.
- We prepare the vacancy notification and recruitment file for the UWV labour market test.
- We prepare the application for recognition as a sponsor if that turns out to be the better option.
- We review a posting arrangement and the Meldloket notification.
- We respond to a Labour Authority report or fine and file an objection (bezwaar) within six weeks.
Summary
- Without recognition, the highly skilled migrant scheme is closed, but the Blue Card, ICT, TWV/GVVA and recognised intermediaries remain available.
- The Blue Card requires a contract of at least six months and a salary above the annual threshold; ICT requires three months’ prior group employment.
- A TWV or GVVA requires a vacancy reported to the UWV at least five weeks in advance.
- Postings by EU companies need a Meldloket notification before the work starts.
- Wav fines can reach the fifth-category amount and block future applications for five years.
Frequently asked questions
Can I use the highly skilled migrant scheme without being a recognised sponsor?
No. Under the Aliens Decree 2000, only an employer recognised as a sponsor by the IND can act as sponsor for a highly skilled migrant (kennismigrant). Without recognition, look at the EU Blue Card, the ICT permit or a recognised intermediary.
How long does the IND take to decide?
Under Article 25 of the Aliens Act 2000, the IND must decide on an application for a residence permit within 90 days. Recognised sponsors often receive a decision sooner because fewer documents need to be checked.
Does a posted worker from another EU country need a Dutch work permit?
Usually not, provided the worker is lawfully employed by the posting company and the posting is notified through the Meldloket before the work starts (Article 8 WagwEU). The Dutch client must check that the notification is correct.
What if I let someone work without the right permit?
The Netherlands Labour Authority can impose a fine for each worker under Article 19d of the Wav, up to the fifth-category amount of the Criminal Code. A fine in the previous five years can also lead to refusal of future Blue Card and ICT applications.
