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Working in the Netherlands
Employers are required to obtain work permits from the CWI
(Center for Work and Income) whenever they would like to hire non-EU
nationals for work in the Netherlands.
The Foreign Nationals Employment Act (Wet Arbeid Vreemdelingen or WAV) requires employers to first recruit in the Netherlands and other West European
countries. This is intended to protect the Dutch and West
European labor markets. The work permit system allows the
Ministry of Social Affairs and Employment to regulate the intake of
labor in the Netherlands.
The work permit application procedure requires the
employer in most cases to show that no qualified Dutch or EU nationals are
available to fill the vacancy, after advertising for at least five weeks
prior to filing the application.
Applicants for work permits must be between the ages of
18-45. If the
work permit is granted then normally the IND will automatically issue a
residence permit assuming other requirements are met.
If the residence permit is not approved (for example, the
IND discovers that the applicant has a criminal record or an invalid
passport), then the work
permit is automatically withdrawn when the residence permit is denied.
The maximum length of a work permit is three years. People who have
had work permits for three consecutive years, and haven't moved their
residence outside the Netherlands since then, become exempt from the work
permit requirement. Their residence permits can be endorsed with a
note that "Employment freely permitted" and "No work permit
required".
If you are allowed to work in the Netherlands, then your spouse/partner
usually is allowed to work as well.
Work permits are not required for employees who qualify as 'highly skilled
knowledge migrants''. You can read
about this special IND program
here.
ExpatLaw can take care of the work permit procedures for employers in the
Netherlands. If your business would like assistance with
obtaining work permits for your non-EU candidates, feel free to
contact us.
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