02-02-2022

The granting of work permits for foreign employees

From January 1, 2022, the Foreign Nationals Employment Act will change. From then on, a work permit can be granted for a longer period.

Maximum duration of work permit for foreign employee extended

As a result of the amendment to the Foreign Nationals Employment Act (Wav), a work permit can be granted for a maximum of 3 years from 1 January 2022. This was a maximum of 1 year. A work permit with a full labor market test can be granted for a maximum of 2 years, instead of 1 year. A labor market test means that an employer must first search for suitable employees in the Netherlands and the EEA countries and that the available supply in the Netherlands and the EEA must be examined.

Additional condition for paying wages

Another change is that the employer must pay the wages stated on the work permit to the employee via a bank account, over a maximum period of one month. This allows the Dutch Labor Inspectorate to better check wage payments. If the employer does not pay the wages in this way, the work permit can be revoked or not extended.

Economic activities new condition for work permit

As of 1 January 2022, the application for a permit can be rejected if no economic activities are taking place at the employer. This is to prevent a foreign employee from coming to the Netherlands, while the employer cannot pay wages. For employers of start-up companies, the employer can indicate within an agreed period that his company has started.

 

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