A new Modern Migration (MoMi) Act is expected to become effective as per January 2011. The purpose of this new migration policy is to attract more students and Highly Skilled Migrants to the Netherlands. In other cases the restrictive policy remains unchanged.

As of May 2005 the Highly Skilled Migrant (HSM) procedure already provided a more efficient application procedure to employers who were registered as a referent at the Immigration and Naturalization Desk (IND).

The new migration policy however will bring significant improvements in order to speed up the HSM procedures. To prevent fraud and create social coherence, the government will focus on a more severe (retrospective) evidence verification.

What does this mean for an employer of Highly Skilled Migrants?
The employer must be qualified and registered as an acknowledged referent in the system of the Immigration Authorities. Being an acknowledged referent the employer will have access to the accelerated procedure. t & a relocation as always will be able to act as an authorized representative.

Will the Modern Migration Act effect current registration(s) at the Immigration Office?
Employers who are registered at the Immigration Office as applicants under the knowledge migrants scheme and who have been granted at least one residence permit in the previous year (2010) will receive a letter from the IND. With this letter they are invited to participate as an acknowledged referent under the Modern Migration Act as soon as it comes into effect.

How will the Modern Migration Policy Act effect the status of current HSM employees?
If the application for the Highly Skilled Migrant (HSM) was submitted before 1 July 2010, the HSM employee is allowed to stay up to the expiration date of his/her ID.
The obligations for referents and foreign nationals under the Modern Migration Act do not apply.
If the application for the knowledge migrant was submitted on or after 1 July 2010, the HSM employee is allowed to stay up to the expiration date of his/her ID. He/she is however, subject to the rights and obligations of the new law.

New rights
* The employer/referent does not need to provide any supporting document; a declaration signed by the referent will be sufficient. With this declaration the referent declares that the employee meets the requirements to obtain a residence permit. The IND may check the application afterwards at random or in case of any discrepancy.
* Each acknowledged referent and/or an authorized representative will have a personalized portal at the IND website.
* The referent can apply for a combined MVV/residence permit. Which means that if a positive decision is taken upon the MVV application, no separate application for the residence permit is needed. The ID can be collected at the Immigration Office or at an Expat Centre.

New obligations
* The referent must be well aware of the obligation that he/she is responsible to provide for the HSM employee, the so called "duty to maintain" (zorgplicht).
* Each referent has the administrative obligation to keep all records of every foreign employee up to 5 years after the date of de-registration!
* The referent has the obligation to provide information. Which implies that the referent has the duty to inform the Immigration Office on any change in the situation of the employee related to the purpose of stay (i.e. termination of employment contract by either employer or employee, decrease of working hours, etc.). When the Immigration Office asks for information, the referent is obliged to provide the required documents at any time.

Monitoring and supervision by the authorities
Under the Modern Migration Act various means of control are available in order to force the referent to observe his/her mandatory responsibilities. The Immigration Office will have access to more punitive measures should a referent or a foreign national not fulfill his/her legal obligations, such as:
* Administrative fine to companies which may mount to a maximum of Euro 3000,= (+ increase of 50 % in the event of repetition)
* Have the referent pay for all costs related to the expulsion of the employee.
* The status of acknowledged referentship can be suspended or even withdrawn.

t & a relocation offers the following services to companies and private persons
* Submitting the applications on behalf of the client.
* Act as the single point of contact to the Immigration Office when they require information.
* Audits may take place at the premises of t & a relocation.
* Meet the new duties on behalf of the client when it comes to the administrative obligation and the obligation to provide information. The latter option by producing a complete file of the respective employee in accordance with the Modern Migration Act. A copy of each file will be available to the client.
* Payment of the immigration fees.

For further information please consult our specialists: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Although every care has been taken to ensure accuracy and completeness at the time of publication, the publisher can accept no liability for any possible information errors