Do you have Japanese employees employed in (or assigned to) the Netherlands? If so, then please continue reading since a work permit is required again for Japanese employees as of January 1, 2017. Until January 1st, 2017 transitional measures apply. In this article we inform you about the announced changes.
On December 24th, 2014, the 'Department of Justice of the Council of State' (in Dutch 'Afdeling rechtspraak van de Raad van State') ruled that Japanese employees do not require a work permit.
However, 'the Ministry of Social Affairs and Employment' informed the 'Uitvoeringsinstituut Werknemersverzekeringen' (UWV) recently implemented that Japanese employees will no longer be exempt from the work permit requirement, thus the notification of the UWV dated July 18th, 2016.
Implementation of the legislation
Despite the fact that the Dutch Employment Act applies again for Japanese employees, there are transitional measures in place in this respect:
- Japanese employees are allowed to work legally in the Netherlands without a valid work permit until January 1st, 2017.
- Japanese employees who are currently working in the Netherlands without a work permit are allowed to remain working without a work permit until the expiration date of the residence permit.
Residence permit application
Residence permit applications for Japanese employees filed and received by the applicable Dutch immigration authorities before January 1st, 2017 will be taken into consideration based on the transitional arrangements.
This results in the Dutch immigration authorities (IND) not requesting the UWV for their advice regarding the admission to the Dutch labour market for Japanese employees.
Extension application for a residence permit
Extension applications for a renewal of the residence permit which are filed and received by the IND before January 1st, 2017, will also be taken into consideration based on the transitional arrangements.
Japanese employees who are currently in the possession of a residence permit with the work annotation 'Employment permitted, no work permit required' and are received by the IND before January 1st, 2017, will continue receiving the same work permit annotation.
Combined residence and work permit application
All combined residence and work permit applications which are received by the IND on or after January 1st, 2017 will be submitted again to the UWV to request an advice regarding the admission to the Dutch labour market for Japanese employees.
In case Japanese employees who are employed by (or assigned to) the Netherlands for a period of less than 3 months, the employer is required to apply for only a work permit at the UWV.
Should you have any further questions about the above or any other immigration related issues for expats, please contact our Global Mobility Services specialists.