If your business is considering hiring talent from outside the EU, the ‘Gecombineerde Vergunning voor Verblijf en Arbeid (GVVA)’, also known as the single permit, may have come up as a potential option. This combined work and residence permit merges the residence and work permits into one document. However, while this might seem like an attractive choice at first glance, there are significant hurdles and conditions that businesses need to be aware of before pursuing this route. In many cases, obtaining a GVVA is more complex than initially expected, and it can pose a challenge for businesses aiming to hire international talent quickly and effectively.
What is the GVVA?
The GVVA is a permit for non-EU workers who want to live and work in the Netherlands. It combines both the residence and work permits into one document. It’s intended for businesses that are unable to find a suitable candidate within the EU for a specific position and need to recruit talent from outside the EU.
However, applying for a GVVA can be a long and complicated process, as both the Employee Insurance Agency (UWV) and the Immigration and Naturalization Service (IND) set strict requirements for the application and conditions that must be met.
The Biggest Hurdle: The Labor Market Test
The primary challenge for businesses applying for a GVVA is the labor market test. This test requires companies to demonstrate that there are no suitable candidates available within the entire EU to fill the position. This can be a major barrier, as the government expects businesses to show that they have made extensive recruitment efforts and provide evidence that no suitable EU or EEA (European Economic Area) citizen is available for the role.
This means that as an employer, you need to go through a rigorous and well-documented recruitment process. You must show that the position was broadly advertised, both in the Netherlands and across the EU, and that no suitable candidates were found. This often requires several months of recruitment efforts, which can be impractical and time-consuming for many businesses. For each individual application received, the employer must demonstrate why the candidate was unsuitable for the position, and the UWV is often very strict in their decision making.
The legal processing time on a complete application from the moment it has been received by the IND is 90 days. Even if the entire process that the IND and UWV have set out are strictly followed, a process that also takes several months, a positive decision on a GVVA application is hardly guaranteed.
Exemptions to the Labor Market Test
While the labor market test is the big hurdle for obtaining the GVVA permit, there are a number of exemptions that make the process more easy to navigate for businesses in specific sectors and occupations. Here are the main exemptions:
Teachers at International Schools
Teachers at international schools in the Netherlands are exempt from the labor market test. These schools often require educators with specialized qualifications and international certifications, making it difficult to find suitable candidates within the EU.
Trainees and Interns
Foreign nationals comi
g to the Netherlands for internships or training related to academic or professional development may not need to undergo the labor market test. This exemption is designed to encourage international learning and development opportunities.
Professional Athletes
Top-tier professional athletes recruited by Dutch sports clubs are often exempt from the labor market test. This ensures that the Netherlands can attract high-level international talent to its professional sports industry.
Lenience with Shortage Occupations
Though for these professions there are no blanket exemptions, applications for certain shortage professions are more likely to receive a positive decision to withstand the labor market test than others. Think for example of the healthcare sector where there is a proven shortage of several occupations like doctors, nurses, and certain specialists.
Alternatives: Highly Skilled Migrant and EU Blue Card
Despite the complexity of the GVVA, there are other permits that may offer a more suitable solution for many businesses. When demand increases, salaries often rise as well and doors open to alternatives other than the GVVA, for instance the Highly Skilled Migrant permit and the EU Blue Card.
Highly Skilled Migrant Permit
The Highly Skilled Migrant (HSM) permit is designed for highly educated workers who want to take up employment in the Netherlands. The employer must prove that the salary meets the requirements for high-skilled employees. The requirements are less strict than the labor market test required for the GVVA, and businesses don’t need to go through a broad recruitment process across the EU to obtain this permit, as long as the salary and job requirements are met. Recognized sponsorship with the IND is required though for the employer.
EU Blue Card
The EU Blue Card is a similar option for highly skilled individuals and allows them to work in other EU member states as well. The requirements for the EU Blue Card are slightly stricter than for the Highly Skilled Migrant permit, but the procedures are simpler than the GVVA. This card offers a faster route to a work permit for foreign workers with the right skills and experience, without having to go through a lengthy labor market test, and no recognized sponsorship is required.
Conclusion
Obtaining a single permit/ GVVA is often a more complicated process for businesses looking to hire talent from outside the EU than it may appear at first sight, and in many cases in fact not achievable at all. The biggest obstacle is the labor market test, which requires companies to prove that no suitable candidates are available within the entire EU for the position. In many cases, the Highly Skilled Migrant permit and the EU Blue Card offer better and faster alternatives for businesses that want to attract highly skilled employees from outside the EU.
If you are curious to find out more about the possibilities to obtain a residence permit for an employee from outside the EU, please feel free to contact us for tailored advice and support.
