Work permits required again for Japanese nationals in the Netherlands
Estimated reading time 3 minutes
In December 2014 the Dutch Council of State confirmed that Japanese nationals no longer require a work permit to work in the Netherlands, although a residence permit was still required. The Council referred to the Dutch-Japanese trade treaty, which states that Japanese nationals must be treated as equal to the most-favored migrants, which are Swiss nationals in accordance with the Dutch-Swiss treaty of friendship. Since work permits were not required for Swiss nationals, Japanese nationals were also free to work in the Dutch labour market. The Netherlands and Switzerland have recently clarified the Dutch–Swiss treaty of friendship by stating that immigration topics are governed by national law. As a consequence, work permits are required once more for Japanese nationals as of 1 January 2017.
What does this mean for employers?
Employers will need a work permit for Japanese nationals working for them in the Netherlands again. Japanese nationals currently owning a residence permit that states no work permit is required may continue to work while their current residence permit is still valid. For extensions of residence permits filed after 1 January 2017 or new cases, a work permit must be obtained by the employer.
What action is required?
In particular, employers of highly skilled migrant workers will need to be registered as a ‘recognised sponsor’ in order to hire highly skilled Japanese migrants.
Further information
For more information on the issues above, please contact
Wendy Terporten on +31 10 224 64 34, Loyens & Loeff.
Further reading
https://zoek.officielebekendmakingen.nl/trb-2016-81
https://www.rijksoverheid.nl/documenten/kamerstukken/2016/07/11/beantwoording-kamervragen-over-bericht-japanners-die-tewerkstellingsvergunning-moeten-aanvragen)
Disclaimer
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information
click here.
Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
