An employer can only offer employment to non EU nationals, except Croatians, after they have a work permit for them. This is not required for highly skilled migrants.
It is the employer who is responsible for requesting the work permit. The employee cannot do this.
A work permit is then only issued after it has been established that the employer was unable to find a suitable candidate within the Netherlands and EU.
- The vacancy has to have been open and placed with the UWV Werkbedrijf for at least 5 weeks without any positive result.
- The employer has had to have actively searched for a suitable candidate for at least 5 weeks.
- For positions which are difficult to fill, this can be extended to three months.
This test is referred to as the labour market test. Only if no such candidate is available is an employer in a position to apply for a work permit.
The application for the work permit takes place via the UWV Werkbedrijf which has up to five weeks to make a decision. (The UWV is the Uitvoeringsinstituut Werknemersverzekeringen – office for reintegration and temporary income.)
- The UWV Werkbedrijf assesses if enough effort has been made to find a suitable candidate.
- Furthermore, they assess if the salary of the foreign recruited employee conforms to the (local) market and if adequate housing has been arranged.
Parallel to the application for a work permit, a visa and residence permit also needs to be applied for before employment can begin.
The successful application of a work permit requires careful preparation. We will be glad to advise your company. Please feel free to contact one of our immigration lawyers.
"Sheryl Goldberg is one of the best Immigration professionals that I have worked with. She has a vast knowledge of the immigration system but her differentiator is the way she applies this to any business situation together with her direct and plain way to explain the solutions. In additional to this, Sheryl is great and positive person and we find her as an extension to our HR team. Thanks so much Sheryl for all your help!"
“We consider Kroes Advocaten as one of our key partners; they play an essential role in recruiting new talent for TBA. Kroes Advocaten provide clarity early-on, get to action promptly and are responsive throughout the entire visa application process.”
“We have not had a single instance where Kroes Advocaten did not deliver what was promised to us. They are typically very specific about the process, costs and timelines. This is a great value-add to us, as it simply takes away another risk item and allows us to successfully live up to our commitments to our customers.”
“The team of KROES Advocaten leaves us always satisfied with the quality of the services they provide us with. They know very well the technicalities of Dutch immigration law and legal procedures and are able to give us precise direction within short deadlines. We feel confident that every issue we assign them is under control.”
“Jelle was a fantastic partner and advisor throughout the process of applying for nearly 20 work permits for our staff. He was always very transparent about the work that needed to be completed for the best results and was very upfront about the costs of that work. We never felt manipulated or neglected, and both Jelle and his team were very pleasant to work with. We would highly recommend hiring Jelle and his team for any US companies hoping to obtain permits for working in the Netherlands.”
“All expectations met. They also helped set a process for audit from IND in Netherlands for us which is really handy. They maintain a copy of each case in electronic and physical format at their office. Also reminders on expiring visas and application to renew the same in time is handy.”
"We have been working with Kroes Advocaten for several years mainly in relation to Visa applications for expats. We value their efficiency, responsiveness and professionalism. Based on our experience in working with them, we have complete faith in their capabilities of getting the job done! On behalf of our organisation I take this opportunity to thank Sander Groen, Sarah Lindeboom and the rest of the team for always delivering excellence and organizing valuable seminars and events for knowledge sharing. Very much appreciated!"
“Kroes Advocaten is a leader in the field of Dutch Immigration law, work permit and process and consistently provides us with outstanding value. Their service remains extremely client oriented, user friendly and highly efficient. Their fees are extremely competitive yet they offer solid legal strategic advice with consistently high service and results.”
"They are great to work with, responsiveness, knowledgeable and great communication to our foreigners. "
Kroes Advocaten have assisted us a few times now with expats coming from Japan and we can testify that they have a very straightforward approach. What really stands out is their way of communication. They are clear on every step, inform us immediately when there is new information and also help the expats, who are unfamiliar with the Netherlands, by showing them what to do in a clear way when their input is required. Our expats are very positive about the service delivered.
We have been working with Kroes Advocaten for all our visa applications in Netherlands. They have been very efficient, responsive, and have a high-skilled team of immigration specialists. They also very good in finding smart solutions that are compliant with the local laws and regulations and they timely warn us about any changes in the local law. We are generally very pleased with their assistance.
“I would like to thank Kroes Advocaten for the excellent job that all of you have done in managing these assignments. It was professionally handled, expertly managed, with timely updates and at no point did it seem that you are not in control. “
Many times we are all rushing to get work completed and forget the simple words of “thank you”. I wanted to stop today and tell you I truly appreciate how responsive you and your team are, how you communicate and explain the world of immigration to myself and colleagues, and your availability to myself and anyone on my team. While I am half Dutch, I have heard generalizations made, that the Dutch are very slow in responding and working. That has not been the case with you and you have no idea how helpful it has been for me to work with you. So “thank you”. You help me make my job easier.
"Fornova started working with Mr. Sander Groen on January 2016 and is using his excellent services for its employees. Mr. Groen has shown that he has vast knowledge, experience and always available to give us the professional services we needed.“
"Kroes Advocaten has been assisting Arkoil Technologies Netherlands for many years with applications for visas and work permits for its staff, with legal issues and all our questions regarding the Aliens Act. We at Arkoil Technologies Netherlands believe that Kroes Advocaten offers excellent and client-oriented service. And points that we find very important are: flexibility, good communication, quick answers and of course solutions that are always found by Kroes Advocaten."
"I wish to express my satisfaction and extreme gratitude for the very competent and thorough work done by Sander Groen with respect to the handling of Pieter Viljoen Jr.'s immigration matters. He is a true professional and a truly pleasant individual to work with! He is knowledgeable, factual, and wise!"
"The Elad Europe group has started working with Mr. Sander Groen since 2007, and is using his good services for its employees. Mr. Groen has shown that he has vast knowledge, experience and good contacts within the authorities and always provided best results in minimum time."
26 Jun 2022
Positive Court Ruling in case of Edward: highly skilled migrant permit, residence gap and work with the 'wrong' IND recognized sponsor