[Netherlands] Small employer errors can lead to revoked residency permits

[Netherlands] Small employer errors can lead to revoked residency permits
13 Nov 2023

A new study has revealed that Dutch residence permits can be revoked as the result of even small mistakes made by an employer, IamExpat reports.

Professor Tesseltje de Lange - an expert in European migration law at Radboud University - created the study to examine labour law and immigration in the Netherlands. She found that mistakes as trivial as employers forgetting to report an increase in an employee's salary or parental leave can lead to residence permits being revoked. 

Professor De Lange’s research is part of a broader project funded by the Gak Institute, according to the NRC. The study reportedly focused on “knowledge migrants”, who enter the Netherlands for work from third-country non-EU states. 

The professor focused on 50 legal cases and 30 appeals where Dutch residence permits were revoked due to mistakes by employers. According to NL Times, she concluded that expats’ legal position in the Netherlands is weak because they are too dependent on their employers.

Professor De Lange reportedly described a number of scenarios where residence permits could be revoked through mistakes. For example, should an employer forget to report a change in salary information or update the IND about an employee having parental leave, there could be a risk that permits are revoked. 

Another example cited was of an employer forgetting to report their employee’s change in job. Here, residence permits could also be revoked. 

Since employers are usually sponsors for third-country nationals, there is a huge responsibility to ensure that documentation is completed properly and reported to the IND on time. Such legal cases raise concerns for many expats but Professor De Lange also stated that some internationals have been able to reverse the IND’s decision through legal proceedings.


Source: IamExpat

A new study has revealed that Dutch residence permits can be revoked as the result of even small mistakes made by an employer, IamExpat reports.

Professor Tesseltje de Lange - an expert in European migration law at Radboud University - created the study to examine labour law and immigration in the Netherlands. She found that mistakes as trivial as employers forgetting to report an increase in an employee's salary or parental leave can lead to residence permits being revoked. 

Professor De Lange’s research is part of a broader project funded by the Gak Institute, according to the NRC. The study reportedly focused on “knowledge migrants”, who enter the Netherlands for work from third-country non-EU states. 

The professor focused on 50 legal cases and 30 appeals where Dutch residence permits were revoked due to mistakes by employers. According to NL Times, she concluded that expats’ legal position in the Netherlands is weak because they are too dependent on their employers.

Professor De Lange reportedly described a number of scenarios where residence permits could be revoked through mistakes. For example, should an employer forget to report a change in salary information or update the IND about an employee having parental leave, there could be a risk that permits are revoked. 

Another example cited was of an employer forgetting to report their employee’s change in job. Here, residence permits could also be revoked. 

Since employers are usually sponsors for third-country nationals, there is a huge responsibility to ensure that documentation is completed properly and reported to the IND on time. Such legal cases raise concerns for many expats but Professor De Lange also stated that some internationals have been able to reverse the IND’s decision through legal proceedings.


Source: IamExpat

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