Asian cook scheme
Until January 1, 2022, there was an exception for restaurants in the Asian restaurant sector, allowing specialty chefs to obtain work permits under simpler conditions. Since January 1, 2022, the requirements for issuing a work and residence permit for an Asian chef have been significantly tightened. More about this in our blog about Asian restaurants.
From July 1, 2024, the relaxed regulation for Asian restaurants has been completely abolished. You can read about what exactly has changed and the consequences of this in this blog.
Policy Categories
Since January 1, 2022, the Asian cook scheme knows two different policy categories:
Policy Category 3, Paragraph 19a Ruwav 2014 (Old Style)
Specialty chefs who entered before January 1, 2022, are still subject to the old policy. The amended policy does not apply to this group. This means that:
- Recruitment efforts three months prior to submitting the application are not required;
- The job posting at the Asian Restaurant Service Point only needs to be open for three weeks;
- No additional diploma requirements are imposed.
Policy Category 5, Regular Asian Restaurants (New Style)
Under Policy Category 5 (new style), not only newly hired chefs but also those who entered the Netherlands via a GVVA after January 1, 2022, and who need to renew their permit are included. For this group, before July 1, 2024:
- Employers had to recruit on the Dutch and European labor market three months prior to submitting the application. A job posted on Indeed.nl; EURES and Werk.nl was generally considered sufficient;
- The job posting at the Asian Restaurant Service Point needed to be open for five weeks;
- The diploma must be evaluated by the IDW.
For the group that falls under this new policy, it is much more difficult to obtain or renew a work permit from July 1, 2024. Based on the information available now, we have listed the key changes.
Priority Offer
A positive decision on an application can be made if it is demonstrated that there are no candidates available in the Netherlands or the EU/EEA/Switzerland for the requested position. This group of candidates is referred to as priority offer. When assessing whether there is a priority offer, candidates who meet the real job requirements and who may work in the Netherlands without a work permit are considered. However, this offer also includes candidates who can be made suitable after a training period or education.
The UWV now assumes that any independently working chef can be retrained within three to six months to become a specialized Asian cuisine chef. Under the new policy, a permit for a Specialty Chef at level 4 can no longer be applied for, and an experience requirement of two years is considered ‘unrealistic’. The job requirement of knowledge of specific Asian cuisine is also seen as ‘unrealistic’ by the UWV, as it would exclude too large a group from the priority offer. This should already be taken into account when recruiting!
Recruitment Efforts
Where previously it was sufficient to post vacancies on various websites and platforms (passive recruitment), it is now expected that the employer actively recruits. Active recruitment means the employer actively searches for candidates through these platforms and directly approaches them. Collaboration with agencies such as recruitment and temp agencies, which are active in both the Dutch and European labor markets, should also be considered. If it can be demonstrated that no suitable candidates have been found after three months, an application may be submitted.
Our Opinion
It is currently unclear how the UWV will apply the new policy in practice. What is clear, however, is that the policy shows some shortcomings and inconsistencies, which will lead to disproportionate consequences for Asian restaurant entrepreneurs.
Some critical notes:
- To address the shortage of Asian specialty chefs, the old policy was introduced in 2014. However, the UWV acknowledges that there is still a shortage of Asian specialty chefs. Abolishing the policy does not align with the underlying rationale of the relaxed regulation.
- In response to reports of human trafficking, the Ministry decided to discontinue the scheme in 2022. However, it was never disclosed how many cases of abuse and exploitation were detected in the Asian restaurant sector and whether this is representative of the sector. Above all, we believe that enforcement through the Dutch Labor Inspectorate would have been a much more suitable means than abolishing the scheme altogether. Consequently, restaurant entrepreneurs who complied with all regulations are penalized for something they were not part of.
- It was only after July 1, 2024, that it became known that the new policy would also apply to chefs who came between January 1, 2022, and July 1, 2024. Despite being admitted as “specialty chefs” based on relaxed recruitment requirements, the new changes will still apply to them. An employer in 2022 and 2023 could not anticipate that much stricter requirements would be imposed on the extension of their chefs’ residence permits.
For employers who had already started recruiting for the extension of their existing chefs, this meant that their recruitment efforts after July 1 were no longer sufficient. The employer could not have anticipated this in any way, although it has significant implications for potential extension applications.
Finally
The transition to the new policy presents many challenges for Asian restaurant entrepreneurs. We are happy to tackle these challenges with you and look forward to future procedures in this regard. We can also advise you on the conditions that must be met under the new policy and think with you about possible alternatives.
For questions about recruitment efforts and applying for a residence permit for Asian restaurants, please feel free to contact us. You can email us at info@arslanlitadvocaten.nl or call +31(0)20 223 2466.
