Simplification of procedures
The MoMi migration policy is an amendment to the regular admissions policy and applies to foreign nationals (with a nationality other than from the EU/EEA/Switzerland) seeking residence for 3 months or longer. The new act therefore does not apply to the short-stay visa.
Instead of submitting two separate applications for a regular provisional residence permit (mvv) and a residence permit, sponsoring organisations and foreign nationals will be able to use the combined Admission and Residence Procedure (TEV). In addition, regular residence permits can be granted for longer periods, which means fewer renewal procedures.
The role of the sponsor is paramount
For organisations that wish to bring foreign nationals into the Netherlands, becoming recognised as a sponsor is compulsory. Organisations can become a recognised sponsor in two ways:
- By operation of law: companies and institutions that have signed a covenant with the IND and companies that are registered users of the Highly Skilled Migrant scheme are automatically recognised as sponsors by operation of law – provided that during the previous 12 months, the company or institution has submitted a residence application that was successfully granted. These parties become recognised sponsors for free.
- Upon application: as an employer you can apply for recognition as sponsor with the Immigration and Naturalisation Service (IND). When handling such applications, an assessment is made to determine whether the conditions for recognition have been satisfied. This can take 1 to 3 months. A handling fee is required to become a recognised sponsor.
Allowing foreign employees to begin work immediately
Once your organisation is a recognised sponsor, it can submit an application for a residence permit on behalf of your foreign employee while that person is still living abroad. After a target term of 2 weeks, a permit decision will be announced. In the case of a positive decision, the foreign employee can collect their permit and begin working immediately upon arrival in the Netherlands.
Being a recognised sponsor affords your organisation an independent position that will be included in the Aliens Act 2000. This means that it has more rights and responsibilities, such as the obligation to provide the IND with information required for the assessment of an application and to keep the IND informed of any relevant changes.