Applying for a work permit in the Netherlands is the responsibility of the employer, not the employee. The employer must apply for a work permit (TWV) or single permit (GVVA) with UWV WERKbedrijf before an international employee may start working. The standard processing time is approximately 5 weeks, and the procedure requires specific documents such as an employment contract, passport photo, and proof of registration with the Chamber of Commerce. Below, we answer the most important questions about the application process.
Who must apply for a work permit in the Netherlands?
The employer is required to apply for a work permit for international employees from outside the EU, EEA, or Switzerland. As an employer, you are responsible for submitting the application to UWV WERKbedrijf before the employee starts. The employee themselves cannot apply for a work permit.
Not all nationalities require a work permit. Citizens from EU and EEA countries and Switzerland may work in the Netherlands without a permit. Highly skilled migrants employed through a recognised sponsor also fall under a different scheme and do not need a separate work permit. The same applies to certain other categories such as interns and seasonal workers under specific conditions.
As an employer, you must carefully check whether your employee falls under an exception category. For many highly educated professionals, the highly skilled migrant scheme may be a faster alternative. Would you like to know more about the various immigration options? We are happy to help you find the best route for your situation.
What documents do you need for a work permit application?
For a work permit application, you as the employer need several documents. The most important are a copy of the employee’s passport, a signed employment contract or letter of intent, and a valid extract of your registration with the Chamber of Commerce. You must also be able to provide proof of the labour market test, unless you are exempt from it.
Additional documents may be required depending on the specific situation. Think of diplomas or certificates if the position requires specific qualifications, or a statement regarding the offered salary. Make sure all documents are complete and legible. Incomplete applications often lead to delays in processing.
It is advisable to store all documents digitally in a well-organised folder. Most applications are now submitted online through the UWV system. Check in advance whether you have all the required information at hand, so that you can submit the application in one go. This saves time and prevents unnecessary correspondence.
How does the work permit application procedure work?
The application procedure starts with registering with UWV WERKbedrijf if you have not done so before. You then submit the application with all required documents via the online portal. UWV checks whether the application is complete and may carry out a labour market test to determine whether no suitable candidates are available on the Dutch labour market.
There are two main types of work permits: the work permit (TWV) and the single permit (GVVA). The TWV is solely a work permit and is used when the employee already has a residence permit or does not need one. The GVVA combines a work and residence permit in a single application and is applied for with the IND, not with UWV.
After submission, UWV assesses the application based on various criteria. They look at, among other things, the employment conditions, the offered salary, and whether you as an employer meet all legal obligations. If everything is in order, you will receive a decision. If the outcome is positive, you will receive the permit and the employee may officially start.
How long does it take to obtain a work permit?
The standard processing time for a TWV application is approximately 5 weeks. This is the period UWV needs to assess your application and make a decision. For a GVVA, the procedure may take longer, often 8 to 12 weeks, as both the IND and other authorities are involved.
Delays can occur if your application is incomplete or if additional information is required. Processing times can also increase during peak periods, such as the start of the academic year. You can speed up the process by submitting a complete application with all the correct documents in a timely manner and by responding quickly to any questions from UWV.
In some cases, an expedited procedure is possible, but this is not standard and often requires additional justification. Therefore, plan well in advance and submit the application before you need the employee to start. The employee may not begin working until the permit has been granted.
What does a work permit application in the Netherlands cost?
UWV does not charge any fees for a TWV application.
Additional costs may arise if you make use of expedited procedures or if you engage external advisors to help you with the application.
For a GVVA, fees do apply because this permit covers both work and residence. The exact amounts can be found on the IND website. Please note that if the application is rejected, the fees paid will not be refunded. Therefore, ensure thorough preparation of your application.
Conclusion
Applying for a work permit in the Netherlands requires careful preparation and knowledge of the correct procedures. As an employer, you are responsible for submitting a complete application with all required documents in a timely manner. By planning carefully and taking processing times into account, you can prevent delays in the start date of your international employee.
At Eastwing, we assist companies and HR departments with the complete immigration process, from work permits to relocation support. We ensure that all procedures are followed correctly and that your employees can start smoothly in the Netherlands. Do you have questions about work permits or other aspects of global mobility? Please contact us for personalised advice.
Frequently Asked Questions
What happens if the work permit is rejected?
If rejected, you will receive a written statement from UWV explaining why the application was not approved. You then have the option to file an objection within 6 weeks of the decision. It is important to carefully analyse the grounds for rejection and provide any missing information. In some cases, it may be more advisable to submit a new, improved application rather than filing an objection.
Can an employee start working while the work permit application is still being processed?
No, the employee may absolutely not start working before the work permit has been officially granted. As an employer, you risk substantial fines if you allow an employee to work without a valid permit. These fines can add up significantly per violation. Therefore, always plan well in advance and wait until you have received approval before setting a start date.
How long is a work permit valid and can it be renewed?
A TWV is usually valid for a maximum of 90 days, but in exceptional cases it can be issued for up to 3 years. The TWV is tied to a specific employer and position. You can renew the permit by submitting a new application at least 5 weeks before the expiry date. Upon renewal, UWV will again check whether all conditions are met. If the employee changes position or employer, a new work permit is required in most cases.
What are the most common mistakes made in work permit applications?
The most common mistakes are incomplete documentation, submitting too late so that the desired start date cannot be met, and incorrect or incomplete job descriptions. It is also often forgotten to check whether the employee actually needs a permit or falls under an exception. Additionally, ambiguity regarding the offered salary and employment conditions regularly leads to questions from UWV that delay the procedure.
What is the labour market test and when are you exempt from it?
The labour market test is a check in which UWV determines whether no suitable candidates are available on the Dutch or European labour market for the position. You are exempt from this test in specific situations, such as for scarce occupations on the UWV list, for intra-company transfers within an international company, or for academic staff. Certain sectors such as agriculture and horticulture also have their own schemes with exemptions.
Can an employee with a work permit later switch to a highly skilled migrant permit?
Yes, if the employee meets the conditions for the highly skilled migrant scheme (such as the minimum salary requirement and a recognised sponsor as employer), a switch can be made. This can be advantageous because the highly skilled migrant scheme offers more flexibility and is processed more quickly. The employer must be recognised as a sponsor by the IND. It is advisable to explore this option early if you regularly hire highly educated international employees.
What are the employer's obligations after the work permit has been granted?
As an employer, you must ensure that the employee works under the same employment conditions as stated in the application, including salary and job description. You are obliged to report any changes in the employment relationship to UWV, such as dismissal or a change in position. You must also have the work permit or a copy of it available at the workplace for any inspections by the Labour Inspectorate (Inspectie SZW). Violation of these obligations risks fines and may result in future applications being refused.
