09 November 2023, by Emily Proctor
A professor of law at a well-known Dutch university has found in a study that just small mistakes, made for example by an employer, can lead to Dutch residence permits being revoked. Professor Tesseltje de Lange, who is an expert in European migration law at Radboud University, created a study to examine labour law and immigration in the Netherlands, and found that mistakes as trivial as employers forgetting to report an increase in an employee’s salary or parental leave can lead to residence permits being revoked.
50 legal cases where permits were revoked due to employers’ mistakes
According to the NRC, Professor De Lange’s research is part of a broader project funded by the Gak institute. The study is focused on “knowledge migrants”, who enter the Netherlands for work from third-country non-EU states.
De Lange focused on 50 legal cases and 30 appeals where Dutch residence permits were revoked due to mistakes by employers. According to NL times, the professor concluded that expats’ legal position in the Netherlands is weak because they are too dependent on their employers.
Change in employment, parental leave and salary changes all need to be reported
The professor described a number of scenarios where residence permits could be revoked through mistakes. For example, if an employer forgets to report a change in salary information, or update the IND about an employee having parental leave, there could be a risk that permits are revoked.
Another example is an employer forgetting to report their employee’s change in jobs. Here, residence permits could also be revoked.
Since employers are usually sponsors for third-country nationals, there is a huge responsibility to ensure that documentation is filled out properly, and reported to the IND on time. Though these legal cases are worrying for many expats, Professor De Lange also explains that some internationals have been able to reverse the IND’s decision through legal proceedings.
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