Work Permit Netherlands: Compliance Risks After Approval

On this page · 7 sections

The rules that apply after approval
Where the gaps start
Fines and withdrawal
What HR Teams and Employees Can Do
Frequently Asked Questions
How Settio helps employers and agencies
Sources

In April 2025 a court in The Hague ruled on a staffing agency that had paid a highly skilled migrant less than it had declared to the IND. The IND had found the shortfall and moved to withdraw his permit; the court annulled his summary dismissal and made the employer pay the salary it had declared. Work permit Netherlands compliance risks often sit inside processes that have nothing to do with immigration: payroll changes, benefits restructurings, reorganisations. This article covers the rules that apply after approval and what Dutch employers should check.

The rules that apply after approval

Salary criteria must be met continuously: For 2026 the gross monthly criteria are €5,942 (aged 30 or over), €4,357 (under 30) and €3,122 (reduced criterion for recent graduates). Any month in which guaranteed salary falls below the applicable criterion is a compliance breach, regardless of how long the employee has been employed or how senior they are.
The 4-week reporting obligation: Changes that affect the residence permit, such as the employee no longer earning enough or stopping work, must mostly be reported to the IND within 4 weeks. It is a legal obligation: the IND can give a warning, then fines of up to €3,000 per violation for organisations.
The end of employment: Report it to the IND within 4 weeks. The highly skilled migrant then has 3 months to find a new sponsor (6 months if they have held the permit for 2 years or more and became unemployed on or after 22 May 2026), counted from the day the contract ends.
Records for 5 years: Keep the information about each sponsored employee until 5 years after you stop being their sponsor.

Where the gaps start

Gaps can start in a pay project rather than an immigration decision. Aligning salaries with global pay bands, or moving to a lower base with a wider bonus range, can take the guaranteed monthly salary of an employee aged 30 or over below the criterion even when expected total pay goes up. If nobody reports the change within 4 weeks, the IND can find it later in government income data, start withdrawing the permit and look more closely at the company as a sponsor, which is the pattern the April 2025 ruling shows.

Fines and withdrawal

What work permit Netherlands compliance failures can lead to:

IND fines: For violations of the information obligation or duty of care, the IND usually gives a warning first, then fines of up to €3,000 per violation for organisations (€1,500 for individuals), 50% higher for a repeat within 2 years. Employing someone without the right to work is a separate violation of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen), with its own fines.
Permit withdrawal: If the salary criterion is not met, the IND can withdraw the employee's residence permit.
Loss of sponsor status: After three IND fines, or other serious failures, the IND can withdraw the company's recognised sponsor status, putting every sponsored employee's permit at risk.
Back pay: In the April 2025 Hague ruling, the employer had to pay the salary it had declared to the IND, with back pay and a statutory increase, after its summary dismissal was annulled.
For the employee: someone whose permit is withdrawn can lose their income and their right to live in the Netherlands.

What HR Teams and Employees Can Do

For HR teams:

Build a highly skilled migrant compliance register and run monthly salary checks against individual thresholds
Create a mandatory HR sign-off step in every compensation change process that affects sponsored employees
Set permit renewal reminders at 6 months before expiry; the IND accepts an extension application from 3 months before the end date
Add IND termination notification to every offboarding checklist
Conduct annual self-audits of sponsor compliance records

For international employees (newcomers):

Know which salary criterion applies to you (it depends on your age and route), the IND publishes the current amounts
Check your payslip's guaranteed base salary (not total package) against the criterion every month
If your employer proposes a compensation change that reduces your guaranteed base, ask explicitly whether this affects your permit before agreeing
If you believe your employer has put your permit at risk, get advice from an immigration or employment lawyer: you can respond to the IND yourself, and the April 2025 Hague ruling shows civil claims are possible

Frequently Asked Questions

What are the IND fines for Dutch sponsor non-compliance?

For violations of the information obligation or duty of care, the IND can fine organisations up to €3,000 per violation (€1,500 for individuals), usually after a first warning, and 50% more for a repeat within 2 years. After three fines it can withdraw recognition as a sponsor, which puts every sponsored employee's permit at risk. Employees who did not know about the problem get 3 months to find another recognised sponsor.

When must a Dutch employer notify the IND that an employee's work has ended?

Within 4 weeks. The highly skilled migrant's job search period of 3 months (6 months after 2 years with the permit) starts on the day the employment contract ends, whenever the IND is told, and cannot run past the permit's expiry date.

Does a performance bonus count toward the Dutch highly skilled migrant salary threshold?

Not if it is uncertain. The IND does not count holiday allowance, payments in kind or non-regular, uncertain pay; fixed allowances in the employment contract, such as a thirteenth month paid in 12 equal monthly parts, do count. So a restructuring that moves part of the pay from fixed to variable can take someone below the criterion.

What can an employee do if their Dutch employer caused their permit to be revoked?

Get advice from an employment or immigration lawyer quickly. The April 2025 Hague ruling shows that a court can hold the employer responsible and order it to keep paying. The employee can also respond to the IND's intention to withdraw the permit, and if the job ends they have a job search period to find a new recognised sponsor.

How Settio helps employers and agencies

Settio helps employers and immigration agencies run every work permit and relocation case in one place, from the first step to the renewal:

Before the move: a plan for every hire, with each step, owner and deadline counted back from the start date, and documents that check themselves as they come in.
After arrival: the employee portal shows the new hire their next steps on their phone, in their language, with no account or password.
For the renewal: permit and salary monitoring tracks every expiry date and flags the extension in good time.

Start with a 30-day free trial, no card needed. See how to start.

Sources

8 official sources

More in our guide toWork permit mistakes Relocation and immigration in Europe

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