What permits do foreign workers need?
Foreign nationals who wish to work in the Netherlands must satisfy certain requirements. In many cases they will need a work permit. But nationals of countries in the European Economic Area (EEA) and Swiss nationals do not need a work permit. There are two types of work permit: the employment permit (TWV) and the single permit (GVVA), which is a combined residence and work permit.
Work permit not needed by Dutch nationals, nationals of other EEA countries or Swiss nationals
Dutch nationals, nationals of other EEA countries and Swiss nationals are allowed to work in the Netherlands without a work permit. Nationals of other countries may work in the Netherlands if they satisfy certain conditions.
Work permit required for nationals of non-EEA countries (except Switzerland)
As a rule, nationals of countries outside the EEA can work in the Netherlands only if their employer has obtained a work permit. This does not apply to Swiss nationals, who do not need a work permit. The Employee Insurance Agency (UWV) only issues work permits (in Dutch) if strict conditions are met. For example, the employer must be unable to find anyone in the EU who can do the work. The conditions for obtaining a work permit are less strict for special categories of workers.
If a worker is hired through an employment agency or other business, that agency or business must apply for a work permit on the worker's behalf. The agency or business must also send a photocopy of the worker’s identity document and the employment permit (TWV) to the hirer. Before the worker can start working for the hirer, the hirer must check the photocopy against the original identity document. The hirer must keep the photocopies for its records
No work permit needed for specific categories of nationals
Certain categories of nationals from outside the EEA (or Switzerland) do not need a work permit because they are covered by exceptions. But they still need to have a residence permit or visa, even if they live in the Netherlands for less than three months.
The categories include:
- people who have a residence permit that bears the words arbeid is vrij toegestaan, which means they are allowed to work (for example, foreign nationals with an asylum residence permit);
- self-employed people who hold a ‘self-employment’ residence permit;
- people who hold a startup residence permit;
- highly skilled migrants who come to the Netherlands to make a contribution to the knowledge economy;
- workers who live abroad and who do certain kinds of work for a short time, such as attending business negotiations or repairing equipment supplied by their employer.
More information about this is available on the websites of the UWV and the Immigration and Naturalisation Service (IND).
Types of work permit
There are two types of work permit:
- An employment permit (TWV).
- A single permit (GVVA), which is a combined residence and work permit.
Applications for TWVs or GVVAs are assessed by the UWV using the same criteria. The length of time someone will work in the Netherlands determines which permit they need. Workers themselves can apply for a GVVA. A TWV must be applied for by the employer.
Single permit (GVVA)
Nationals of non-EEA countries (except Switzerland) must apply for a GVVA if they come to work in the Netherlands for more than three months.
Exceptions: TWV instead of GVVA
Some categories of foreign nationals do not have to apply for a GVVA. But the employer must apply to the UWV for a TWV. Examples include:
- workers who will work in the Netherlands for less than three months;
- students who have a residence permit for study;
- asylum seekers awaiting a decision on their asylum application.
Criteria for granting work permits
An employer may hire nationals from outside the EEA (or Switzerland) only if:
- The employer cannot find a suitable candidate in an EEA country or Switzerland.
- The vacancy has been open for at least five weeks. For vacancies that are difficult to fill, that period is at least three months. The UWV decides whether a vacancy is difficult to fill.
- The employer must make every effort to find staff in the Netherlands, another EEA country or Switzerland.
Employers must apply to the UWV for a TWV or to the IND for a GVVA. Employers must also satisfy other requirements before a TWV or GVVA can be issued.
Requirements less strict for certain categories
The requirements for obtaining a work permit are less strict for certain categories of foreign nationals. They include:
- students who work a maximum of 16 hours a week
- interns;
- trainees or apprentices gaining work experience in the Netherlands (praktikanten)
- performers who earn more than a specified amount
- asylum seekers
- clerics, such as ministers of religion, imams and teachers of religion
- members of monastic orders, or missionaries.
More information about this can be found on the websites of the UWV and the Immigration and Naturalisation Service (IND).