Turkish highly skilled migrant permitted to work for employer not recognized by IND as recognised sponsor during application procedure

A Turkish national holding a residence permit “orientation year for highly educated persons” applied for a residence permit as a highly skilled migrant, to work for an employer that is not an IND-recognized sponsor.

At the IND Desk, she received a residence endorsement sticker stating that, during the application procedure, she is permitted to work only with a separate work permit. This sticker did not authorize her to work as a highly skilled migrant.

Sander Groen lodged an objection against this and filed an interim measure with the court.The court was asked to rule that she was indeed permitted to work as a highly skilled migrant. The matter was highly urgent, as she faced dismissal within a few days if she did not receive the correct residence endorsement.

Sander Groen won the case at the District Court of Amsterdam. The court accepted Sander Groen’s argument that, during the process of changing one’s residence permit from the “orientation year for highly educated persons” category to that of a highly skilled migrant, a Turkish employee is permitted to work for a company that is not an IND-recognized sponsor.

The court ruled that the IND must issue a residence endorsement sticker authorizing her to work as a highly skilled migrant.

IND Work Instruction WI 2026/27 (“Guidelines for issuing labor market endorsements for stays exceeding three months”) states the following:“Upon submission of an application to change the purpose of stay of the residence permit for highly educated persons (seeking employment) to ‘employment as a highly skilled migrant’, the foreign national may be issued a residence endorsement stating the following regarding the labor market: ‘Work permitted, TWV [work permit] required’ + (handwritten/stamped): ‘Highly skilled migrant and self-employed. Other work permitted with TWV’, provided that all the following conditions are met:

• The application is submitted before the end of the search year;
• there is an underlying valid employment contract that has already commenced at the time of the application;
• the employer is recognized by the IND as a sponsor; and
• the recognized sponsor declares that the foreign national meets all conditions.”

Turkish employees are permitted to work as highly skilled migrants for a company that is not recognized as sponsor by the IND. Turkish nationals are the only foreign nationals to whom this exception applies. This is based on the “Ankara Agreement” (Decision 1/80).

The court reviews the conditions set out in WI 2026/27. The court rules that:

1. The objection has a reasonable chance of success because the Turkish highly skilled migrant is eligible for the issuance of this residence endorsement sticker, as she meets the conditions specified in WI 2026/27.
2. The application to change her residence permit was submitted by the Turkish highly skilled migrant prior to the expiration of her search year permit on 30 September 2026—specifically, on 10 September 2026.
3. The employment contract with her employer had already commenced at the time of the application for the highly skilled migrant residence permit—namely, on 18 August 2026.
4. Furthermore, given that she holds Turkish nationality, the employer is not required to be an IND-recognized sponsor.
5. Regarding the conditions for the residence permit for employment as a highly skilled migrant, the judge in preliminary relief proceedings finds that Sander Groen and his client have substantiated their position that it is highly probable the IND will approve her application to change her current residence permit to the purpose of ‘highly skilled migrant’.