Extra inspection visits announced
A recent study by the Inspection for Justice and Security shows that the supervision of employers as recognised sponsors in its present form is not found sufficiently effective. As it is task of IND to supervise recognised sponsors, they decided to take measures to intensify the enforcement.
As a result, the IND will perform inspection visits in 2018 to employers acting as recognised sponsors. During the visit, the IND checks whether the recognised sponsor complies with the requirements of the Modern Migration policy (MoMi). Under this policy, recognised sponsors have a duty of disclosure, a duty of administration and a duty of care.
What does this mean for your organisation?
In order to explain what this means for your organisation, we excecuted some further research into the ‘duty of care’. The website of the IND mentions: “The IND expects from recognized sponsors that he will provide sufficient and good information on the relevant regulations to his non-EU employees.” The reason behind this regulation is that the employees know their rights and duties during their stay in the Netherlands. Additionally, ‘duty of care’ implies that the recognized sponsor has to have a accurate recruitment and selection process. Therefore, we strongly advise you to keep all documents that are relevant for the recruitment selection and the immigration procedure on file. As well as proof that your organisation fully informed the employee.
More information on the duty of care can be found on https://ind.nl/en/work/Pages/Recognition_as_a_sponsor.aspx.
The IND plans the inspection visits randomly. In the event your organisation is selected for an inspection visit, the Enforcement department will make an appointment with you. For this inspection visit the IND may ask you to provide documents from your administration. In that way the Enforcement department gains insight in the way your organisation implements the existing requirements. In applications from recognised sponsors the IND takes ‘own statements’ as basis. To be able to continue doing this, it is of vital importance that recognised sponsors correctly and accurately meet these requirements.
Will an inspection visit to your company take place? Need advice? Please contact Settle Service!