GVVA

An employer who wants to bring individuals from outside the EU to the Netherlands for employment can apply for the so-called ‘combined permit for residence and work’ (GVVA / employment permit). This combines a residence permit and a work permit.

Employers can choose to do this through the highly skilled migrants scheme or the Intra Corporate Transfer (ICT) regulation. The employer requests the residence permit for the employee through the IND based on employment. The IND will seek advice from the UWV. The application for the GVVA (employment permit) will only be approved by the IND if the UWV gives positive advice.

For this, the UWV applies the labor market test. This means the UWV assesses whether the employer has made sufficient efforts to find suitable employees in the local labor market. This includes activities spread over three months in various media and at least one job posting with the UWV for a minimum of five weeks.

If these criteria are met, but there is a priority supply of labor in the Netherlands or the EU (individuals who are eligible for the job), the UWV will still advise negatively. This means that if suitable job seekers are available in the Netherlands or Europe for the position, even if they haven’t applied, the application will be rejected.

Exceptions to the labor market test

Certain categories of workers are exempt from the labor market test under specific conditions:

  • Staff transferred for assembling and repairing equipment delivered by foreign companies.
  • Professional athletes participating in the highest competition level of their sport.
  • Religious ministers and clergy.
  • International education faculty.
  • Musicians and artists.
  • Supplementary work by students with a residence permit for studying.
  • Key personnel at non-profit organizations.
  • Intra corporate transferees (key personnel, trainees, specialists).
  • Personnel transferred for inspection or training related to the delivery of goods to a foreign company.
  • Staff transferred to start, modify, or expand business activities of smaller companies.
Work Permit (TWV)

A work permit (TWV) must be requested for individuals who already live in the Netherlands based on a residence permit that does not grant access to the labor market. This applies to individuals who want to modify their residence permit to employment or those who already have one but wish to change employers.

The UWV also applies the labor market test in these cases to assess whether there is local priority labor supply available.

Furthermore, for students who wish to work up to 16 hours per week, a TWV must be requested. However, no labor market test will be applied.

Free Labor Market Access

Individuals who have lived in the Netherlands for five years on a permit that allowed them to work (as an employee or self-employed) are no longer restricted on the labor market. After five years, they may be employed without a work permit. If necessary, their residence permit can be modified to reflect ’employment.’

This allows them the freedom to work for any employer without prior approval or conditions.

Important Warnings

Too often, employers mistakenly hire foreign workers illegally, believing it is permissible. Here are some essential guidelines:

  • Only Dutch nationals or individuals with an EU nationality may work in the Netherlands without any approval.
  • Third-country nationals holding a residence permit allowing them to live and work in another EU country may not automatically work in the Netherlands.
  • A foreign national can only work without any form of approval if their Dutch residence permit states “Arbeid vrij / TWV niet vereist” (No work permit required).
  • Possessing a BSN (citizen service number) does not automatically grant the right to work in the Netherlands.

For additional questions or further assistance, feel free to contact us by phone at +31 (0)20 223 2466 or via email at info@arslanlitadvocaten.nl. We’re happy to help! You can also reach us through our social media channels linked at the bottom of this page.