What changes will take place as a result of the Modern Migration Policy?
- Sponsors and foreign nationals will be able to use the Admission and Residence Procedure (TEV). They will no longer have to submit two separate applications for a regular provisional residence permit (mvv) and a residence permit.
- After the regular provisional residence permit has been issued, the Immigration and Naturalisation Service (IND) will grant the residence permit automatically. Foreign nationals who are not obliged to apply for a regular provisional residence permit are subject to the regular residence permit sponsor procedure. The sponsor can submit an application for a residence permit on behalf of the foreign national while the person in question is still abroad.
- Sponsors fulfil an important role in migration policy. The employer is the official sponsor of the highly skilled migrant. Sponsors may submit residency applications on behalf of a foreign national. They can also lodge objections and appeals.
- Employers of highly skilled migrants can only submit applications if they have been recognised by the IND.
- All sponsors have legal obligations. The IND will have more powers to act against sponsors and foreign nationals who do
not fulfil their legal obligations. Certain benefits apply to recognised sponsors.
Besides the introduction of the Admission and Residence Procedure, the most important change under the Modern Migration Policy Act is the shift in responsibility. Instead of assessing every individual application before approval, the IND will now check those submitted by official sponsors (companies and institutions) solely by retrospective sampling. This enables the IND to do its job more efficiently, and because the application is submitted while the migrant is still abroad (also possible for migrants who do not require an MVV), the highly skilled migrant can start working immediately after collecting their residence permit from the IND.
The National Visa Act (also known as the MVV Act) as of 1June 2013
The National Visa Act (also known as the MVV Act) came into force concurrently with the Modern Migration Policy Act on 1 June 2013. The National Visa Act addresses several new elements pertaining to applications for provisional residence permits.
As such, a maximum period of 90 days (previously 6 months) to reach a decision regarding a provisional residence permit application is now decreed by law. However, the IND does retain the authority to extend this period by an additional 90 days. Lengthier appeal procedures also apply if a provisional residence permit application is rejected.
Other significant changes include the following:
- The provisional residence permit is valid for a maximum of 3 months after issue (previously 6 months).
- A provisional residence permit application may be rejected if there is evidence of past fraudulent activity.
- A provisional residence permit application may be rejected if the applicant previously stayed in the country illegally. This does not apply to cases of family reunification.
- A decision regarding a new residence permit or changes to an existing residence permit need to be made within 30 days (previously 6 months).