Deregistration of a Highly Skilled Migrant: Notification Obligation for Employers. Also in Case of Failure to (Timely) Deregister from the BRP

Employers acting as sponsors for a highly skilled migrant must report changes to the IND in a timely manner. In practice, there is often uncertainty about when and which notifications are mandatory.

When a highly skilled migrant leaves employment or departs from the Netherlands, two separate notification obligations may apply. 

Two Independent Notification Obligations Under the Aliens Regulations

These obligations follow from the Aliens Regulations 2000 (Voorschrift Vreemdelingen 2000):

• Notification of termination of employment (Article 4.23 VV)
  

When a highly skilled migrant is no longer employed by you, this must be reported to the IND.

This notification obligation always applies, including:

1. when the end of employment coincides with the end date of the residence permit
2. when this date was already known at the time of the original application

• Notification in case of failure to (timely) deregister from the BRP (Article 4.18 VV)

When a highly skilled migrant no longer resides in the Netherlands and has not deregistered from the Personal Records Database (BRP) within four weeks after departure, this must also be reported.This notification obligation is independent of whether the employment relationship is still ongoing.

Practical Situations

The highly skilled migrant leaves employment but remains in the Netherlands

• The termination of employment must be reported.

The highly skilled migrant leaves employment and departs from the Netherlands

• The termination of employment must be reported.

The departure from the Netherlands does not have to be reported, BUT if the highly skilled migrant has not deregistered from the BRP in time, a notification obligation does arise. This therefore requires an active role from the employer to verify whether the migrant has deregistered in time.

It should also be noted that in the exceptional situation where the highly skilled migrant remains employed but leaves the Netherlands, this departure must also be reported. The same applies when a highly skilled migrant who has already left the Netherlands subsequently leaves employment.

Why Correct Notification Is Important

Employers acting as sponsors have a statutory duty to provide information and maintain proper records. Failure to report changes (in time) may lead to:

1. administrative fines
2. increased supervision by the IND
3. risks in future residence permit applications

For organisations employing highly skilled migrants, these consequences can be significant.

Need Advice on Your Employer Notification Obligations?

Are you unsure whether a change must be reported? Or do you have questions about your other obligations as a sponsor? Please feel free to contact us.