Ministerie van Justitie, Immigratie- en Naturalisatiedienst

On 16 February the Dutch Lower House approved the Modern Migration Policy bill. After approval/endorsement by the Dutch Upper House the new law is expected to come into effect on 1 January 2011. The Modern Migration Policy primarily concerns the regular purposes of stay such as employment, study and family reunification.

What is going to change?

• In the future, sponsors and foreign nationals will be able to use the Admission and Residence Procedure (TEV). They will then no longer have to submit two separate applications for a regular provisional residence permit and a residence permit. After the regular provisional residence permit has been issued, the IND will automatically grant the residence permit.

• 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 the migration policy. The sponsor is the person or organisation (for example a company or education institution) with an interest in the relocation of a foreign national. Sponsors may submit residency applications on behalf of a foreign national. They can also lodge objections and appeals.

• Legal entities and businesses can also have themselves authorised. They then become ‘authorised’ sponsors. Certain benefits apply to authorised sponsors (see under ‘Rights and obligations’). In some cases (education institutions, au-pair agencies, employers of highly skilled migrants) authorisation is obligatory.

• Sponsors who bring family members to the Netherlands cannot be authorised. They are natural persons and that makes authorisation impossible.

• All sponsors have legal obligations.

• The IND will have more possibilities to act against sponsors and foreign nationals who do not fulfil their legal obligations.
  

Read more on the Modern Migration Policy:
- Legal rights and obligations of the sponsor
- Extra legal rights and obligations of the authorised sponsor
- Obligations of the foreign national
- The non-fulfilment of legal obligations

Does the new policy, once introduced, only apply to new applications?
This depends on the date of the first residency application. After its introduction – which is expected to take place on 1 January 2011 – the modern migration policy will also have consequences for certain categories of permits already granted and agreed covenants. The following is an overview of the consequences per purpose of stay:

- sponsors and foreign nationals without sponsors (family migration/non-authorised sponsors)
- exchanges (including au pairs)
- higher education studies
- seasonal work
- learning while working (trainees and/or apprentices )
- regular employment
- knowledge and talent (highly skilled migrants, self-employed people, highly educated migrant scheme, graduates and scientific researchers)

Fact sheets with information per category (PDF files)
Higher education studies
Employment
Exchanges (including au pairs)
Family reunification and family formation
Highly skilled migrants