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What are the criteria to hire a Non-EU employee?

It requires specific know-how to hire a Non-EU employee. We think your company – like most companies – strives to be compliant with Dutch immigration rules and regulations.  Depending on their country of origin, foreign nationals may need an employment permit to work here. Our immigration services provide all necessary guidance in the application process.

As you may know, EEA and Swiss nationals are free to work in the Netherlands without a residence or work permit. But what if the candidate you have in mind is a Non-EU national?

Residence and employment permit combined

People from outside the EEA and Switzerland must apply for a combined residence and employment permit (GVVA) if they intend to work here for longer than three months. The employer (or Settle Service on your behalf) applies for just one permit to live and work in the Netherlands to the Immigration and Naturalisation Service (IND).

Exemptions

Some groups of foreign nationals do not need to apply for a GVVA. However, they must still apply to the Employee Insurance Agency (UWV) for an employment permit (TWV). These groups are:

  • foreign nationals who intend to work in the Netherlands for less than three months;
  • seasonal workers;
  • students;
  • asylum seekers;
  • employees of an international company who are seconded to the Netherlands.

These people require another residence and/or work permit at the IND.

Conditions for granting employment permits

An employer can hire a Non-Eu employee in the following cases only:

  • highly educated workers who can contribute to the knowledge-based economy (highly skilled migrants or highly skilled workers);
  • persons with a residence permit containing the note ‘arbeid is vrij toegestaan’(‘permitted to work’) (sometimes applicable only for a given period);
  • self-employed persons, provided they carry out the work specified on their residence permit.

If above situations are not applicable, the following may be possible if the employer cannot find a suitable candidate from an EEA country:

  • the vacancy has been open for at least five weeks. For vacancies that are difficult to fill, the period is three months. The UWV determines whether a vacancy is difficult to fill;
  • the employer has taken all available steps to find a worker from the Netherlands or the EEA, including advertising the vacancy in the print media and on the internet.

The employer applies to the UWV for an employment permit or to the IND for a GVVA. The employer must also satisfy other requirements for the employment permit or GVVA.

“The process was very smooth, thank you for that.“

— By Kareem

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