Recognised sponsors must now retain proof of actual wage payments, not just pay slips, as part of their administrative duty. This change supports enforcement of Article 2.1(6) and Article 2.2(8) of the Decree Implementing the Foreign Nationals Employment Act (BuWav) 2022, which require that wages be credited monthly to a bank account in the name of the foreign national.
Previously the Dutch Immigration and Naturalisation Service (IND) has been able to request such documentation during audits. But, there was no legal basis for sanctions if a recognised sponsor refused to provide it. The new amendment closes that gap by formally expanding the duty of administration and enabling enforcement.
Recognised sponsors are expected to keep documentation showing that wages have been credited to a bank account in the name of the foreign national. This is to demonstrate compliance with their duty of administration.
The legislative explanation provides examples of acceptable proof, such as:
another document that clearly shows the wage was paid into a bank account designated for bank transfers in the foreign national’s name.
This amendment improves oversight and helps prevent misuse of the highly skilled migrant and European Blue Card schemes. It ensures that wage payments are not only recorded but also carried out in a demonstrable manner. Pay slips alone are insufficient in this regard, as they can be amended or recreated and do not provide conclusive proof that the salary was actually paid to the foreign national.
As a recognised sponsor, you should ensure that wage payments to foreign employees are traceable and properly recorded. Review and, if necessary, revise your HR administrative processes to ensure compliance with the expanded administration duty. Be prepared to provide supporting evidence during a possible IND audit.
Our Global Mobility Services team can assist you with immigration compliance matters. Please reach out if you have any questions or need support.
