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The employer of a skilled migrant has an informative, administrative and retention obligation. Changes in the employment relationship that may have an effect on the right of residence of the skilled migrant must be reported to the Immigration and Naturalisation Service (IND). It does not matter to the IND whether the employer is recognised as a sponsor or not. In both cases, the employer is bound to the above-mentioned obligations.
If anything changes in the employment relationship, it must be reported to the IND within 4 weeks after the change in the relationship takes place. This term also applies to a change of sponsor or termination of employment contract.
If you act as a sponsor for the skilled migrant, you are obliged to keep this information for 5 years. As a recognised sponsor, you have a duty of care to carefully select and recruit employees. You must also make them aware of the residence and admission requirements. Moreover, upon reporting the termination of the employment contract, you are no longer the sponsor of that particular skilled migrant, if they no longer work for you.
If the termination of the employment contract is not voluntary, the skilled migrant will be provided 3 months to find a new job and/or employer. The search period starts on the day the contract is terminated. Note, the IND is very strict in their observance of the time period: If the employment contract expires on 25 December, the migrant must have found a new job before 25 March.
There is also a reporting obligation: if the migrant finds a job within this time period, the new employer shall report this to the IND. If the migrant is unable to find a new job within 3 months, the residence permit will be withdrawn with effect from termination of the employment contract. If there is any sign of voluntary cessation of the employment contract on the part of the migrant, the residence permit will be withdrawn immediately.
If WePayPeople is acting as a sponsor and this continues, the migrant must tell us immediately that he is looking for another job. Otherwise, we will de-register the migrant from the IND immediately after termination of the employment contract.
Do you have any questions concerning the contents of this blog? Send an e-mail to firstname.lastname@example.org.
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