Employers need an employment permit for people from outside the European Economic Area (EEA) or from Croatia. Without such a permit, this group of employees may not work in the Netherlands.
Employment permits for personnel from outside the EU/EEA
An employer can only allow someone from outside the EEA or from Croatia to work if it cannot find any suitable candidates in one of the EEA countries. An employer may recruit employees from outside the EEA only in the following cases:
- The vacancy must have been open for at least five weeks. The term for hard-to-fill vacancies is at least three months. The UWV decides whether there is a hard-to-fill vacancy.
- The employer must use all available means to find personnel in the Netherlands or the EEA, including advertisements and the internet.
For employees from outside the EEA, the employer must apply for an employment permit. For senior managers, specialists, sports coaches, athletes and artists, the employer must also apply for an employment permit. But for this group of employees, it is not necessary to notify the UWV of the vacancy five weeks in advance.
Applications for employment permits
Applications for employment permits are submitted to the Public Employment Services (UWV). Exterus can assist you with applications and ensure that all the requirements are met.
No employment permit required
It is not always necessary to apply for an employment permit for employees from outside the EEA. This applies for employees including:
- knowledge migrants;
- employees with a residence permit stating ‘employment is freely permitted’;
- self-employed persons, on condition that they do the work shown in their residence permit.
Cross-border service provision
In some cases, a ‘notification obligation’ applies for cross-border service provision. This means that you must report the employees to the UWV in writing. You must also submit a declaration and certain documents as evidence. With this, you inform the UWV in advance about your company, the nature of the service(s) and the identity of the employees.
Obviously, Exterus can assist you with the notification and inform you whether this applies to you.