The IND audits employers for compliance with immigration and employment law, specifically examining work permits, residence documents, employment conditions, and sponsorship obligations. These audits can take place announced or unannounced and have different consequences depending on the findings. Proper preparation and compliant document management help your company successfully navigate IND audits.
What exactly does the IND check with employers and employees?
The IND carries out immigration checks in the Netherlands by examining various aspects of your business operations. They verify whether employees hold valid work permits and residence documents, and whether you, as a recognised sponsor, are meeting your sponsorship obligations.
During a work permit check, the IND looks at the validity of all documents and whether employees are actually performing the duties for which the permit was granted. They also check whether the salary meets the minimum requirements for highly skilled migrants and whether the job description matches reality.
For recognised sponsors, IND supervision applies to specific obligations. You must report changes that affect employees’ residence permits within four weeks (28 days). This includes salary reductions due to leave under the Work and Care Act, changes in job role, termination of employment, or changes in employment conditions.
The IND also checks whether your company still meets the conditions for recognised sponsorship. This means they look at the continuity and solvency of your business, the reliability of directors, and whether there are any arrears in social contributions or payroll taxes.
How does an IND audit proceed and what can you expect?
An IND inspection usually begins with a notice several weeks in advance, but unannounced checks also occur. The IND requests specific documents prior to the visit and schedules an appointment for the on-site audit.
During the audit, the IND interviews HR staff. It is possible that international employees will also be interviewed. They ask about salaries, among other things, and whether the work performed matches the permit application.
The IND checks various documents during the visit:
- Employment contracts and payslips of international employees
- Personnel records
- Correspondence with the IND regarding changes
- Financial documents demonstrating solvency
- Organisational structure and job descriptions
An audit typically lasts half a day to a full day, depending on the number of international employees and the complexity of your organisation. Afterwards, you will receive a report with findings and any follow-up steps within a few weeks.
What are the consequences if the IND finds violations?
The consequences of failing to comply with obligations and violations range from warnings to severe sanctions. For minor administrative errors, you will usually receive a warning with a deadline to correct the situation. Serious violations can lead to the withdrawal of recognised sponsorship status or fines.
Possible sanctions the IND may impose:
- Warning with a correction period for minor violations
- Temporary suspension of recognised sponsorship status
- Permanent withdrawal of recognised sponsor status
- Fines for employers who employ staff illegally
- Withdrawal of residence permits of the employees involved
In the case of serious violations, the IND may exclude your company from future recognitions. This has major consequences for your ability to attract international talent, as applications will then take much longer and require more documentation.
How can you prepare your company for an IND audit?
Good preparation for IND residence permit checks starts with setting up systematic documentation and procedures. Ensure that all documents of international employees are current and complete, and track changes in a central system.
Practical preparation steps for your company:
- Create a checklist of all required documents per employee
- Set up a system for timely reporting of changes to the IND
- Train HR staff in IND procedures and reporting obligations
- Conduct regular internal audits to ensure compliance
- Keep financial records up to date for solvency assessment
Make sure employees are informed about their rights and obligations. Explain what they can expect during an audit and why accurate information is important. This prevents confusion and inconsistencies during interviews with the IND.
Document all communication with the IND systematically. Keep copies of all correspondence, change notifications, and acknowledgements of receipt. This demonstrates that your company communicates proactively and takes its obligations seriously.
For companies that have recently become a recognised sponsor or are expanding with international employees, professional support is valuable. At Eastwing, we help you with compliance audits and setting up systems that ensure your company is prepared for IND audits, so you can focus on attracting and retaining international talent. For more information about our immigration services and guidance or to schedule an appointment, you can contact us.
