Entry requirements simplified for more foreign employees

  • The Netherlands
  • 10/13/2015
  • Berry Appleman & Leiden LLP

What is the change?
The Netherlands has expanded the categories of foreign workers who are exempt from having to obtain an MVV (Long Stay D-Visa) before entering the country.

What does the change mean?
The process will be simplified for visa nationals who are now exempt from the MVV requirement, including foreign nationals holding a valid residence permit in a Schengen country who are sponsored by a Dutch employer with recognized sponsor status. Also exempt are foreign nationals providing services to an EU company under Vander Elst rules and individuals applying for the new start-up visa in the Netherlands.

Implementation time frame: Immediate.
Visas/permits affected: MVVs (Long Stay D-Visas).

Who is affected: Foreign visa-required nationals who fit into one of the three new exemptions.

Impact on processing times: The elimination of MVV processing will save time for eligible employees.

Business impact: More foreign workers will be able to enter the Netherlands and start work with fewer formalities.

Next steps: Employers should work with their BAL representative to determine if their employees are exempt from an MVV and confirm other entry document requirements.

Background:
MVVs (Long Stay D-Visa) are required for third-country visa-required nationals staying longer than 90 days. The Dutch government has now waived the requirement to obtain an MVV for individuals who hold a residence permit issued by another Schengen member state and who apply for a residence permit for the Netherlands, provided the following requirements are met:
The individual holds a residence permit issued by another Schengen member state that fully activated the Schengen Acquis.
The residence permit is comparable to a Dutch regular type residence permit (a non-asylum residence permit).
The Dutch residence permit application is filed by a sponsor who has recognized sponsor status or by a family member of the applicant.
The applicant satisfies the conditions for the residence permit.
The exemption may include applicants under the Highly Skilled Migrant Program and EU Blue Card, but is not limited to these categories. Further, the government has also waived the MVV for individuals applying under Vander Elst or the Start-Up Visa Scheme, provided they satisfy the conditions for these categories.

BAL Analysis: This is a welcome change that will reduce consular processing for more foreign workers. Foreign nationals must have a valid passport and a valid residence card for another Schengen country or a Schengen visa. Applicants under the Highly Skilled Migrant Program and EU Blue Card program may enter with their Schengen residence permit and process their work permit in-country instead of at a consulate.

This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.