The Corporate. Immigration. Review

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1 The Corporate Appendix 1 Immigration ABOUT THE AUTHORS Review SAM M BAYAT Bayat Legal Services Sam Bayat is a Quebec (Canada) Fourth licensed attorney Edition with a background in international law and specialising in corporate immigration, with over 20 years of experience in business immigration consultancy. He Editor was the former president and vice-president of International Section of the Canadian Bar, in Quebec. He has lectured in international law at the Concordia University Chris in Montreal. Magrath He also offers advice to governments regarding their economic citizenship programmes. Mr Bayat migrated from Iran to Canada in 1974 and is the senior resident lawyer at the Bayat Legal Services (BLS) head office in Dubai, United Arab Emirates. As the pace of immigration to Canada out of the Middle East increased, Sam Bayat set up a small law practice in Dubai in Today, BLS is an international law firm working with a network of law firms, legal professionals and trade consultants around the world. The group specialises in corporate, commercial, investment and banking, maritime, arbitration, and off-course immigration and second citizenship laws. Mr Bayat is an accomplished author who has published several books, including the following: Canadian Immigration Law: All You Need To Know about Moving to Canada (2000); Canada after September 11: Immigration and Settlement (2003); and Canada s Immigrants, Heroes And Countrymen (Volumes I and II). BLS has offices in the UAE, Canada, Malaysia, Iran, Saint Kitts and Nevis, and Dominica. The UAE office was chosen as the group s head office for its strategic location, serving centrally all Middle Eastern countries and the Indian subcontinent. PHILIPPE FORTIN Université du Québec à Montréal Philippe Fortin is an attorney-at-law and a professor at the Université du Québec à Montréal (UQAM). He holds a PhD from the London School of Economics and Law Business Research 411

2 The Corporate Immigration Review The Corporate Immigration Review Reproduced with permission from Law Business Research Ltd. This article was first published in The Corporate Immigration Review, 4th edition (published in May 2014 editor Chris Magrath). For further information please

3 Chapter 24 NETHERLANDS Sascha Kuit 1 I INTRODUCTION TO THE IMMIGRATION FRAMEWORK Since the 1970s the Netherlands has pursued a restrictive policy on foreign nationals. This means that a foreign national can only qualify for residence if there is an international obligation or fundamental Dutch interest, or if there are pressing reasons of a humanitarian nature. If a foreign national is granted residence in the Netherlands on ordinary grounds, he or she is given a regular residence permit for a fixed period. Regular means admission on grounds other than those of asylum. A regular residence permit is always granted with a restriction, for instance a residence permit to live with a spouse, or a residence permit for carrying out work in salaried employment, or for the purposes of study. Most categories of regular residence permit require sponsorship by a qualifying family member, employer or organisation arranging the foreign national s stay in the Netherlands. A residence permit for a fixed period is in principle granted for one year and, as long as the foreign national continues to comply with the (original) conditions for admission, it can be renewed continually. A residence permit for carrying out work, however, can be granted for more or less than one year, depending on the term of the employment contract and the nature of the work. If a foreign national has resided in the Netherlands for an uninterrupted period of five years on the basis of a residence permit, he or she can qualify for a residence permit for an indefinite period. Depending on their nationality, foreign nationals who wish to travel to the Netherlands for a brief stay of no more than 90 days require a visa. A visa is one of the conditions imposed for obtaining entry to the Netherlands and the other Schengen 1 Sascha Kuit is a senior associate at Boekel de Nerée NV. 274

4 area countries. 2 Foreign nationals who have been granted entry may remain in the Netherlands for the duration of their visa or, if they do not require a visa (e.g., US and Canadian citizens), for up to 90 days in what is referred to as the free period. Foreign nationals who do not have the nationality of an EU or EEA Member State 3 or Switzerland and who wish to remain in the Netherlands for more than 90 days require a residence permit. Most foreign nationals first require a special visa to enter the Netherlands, which is called an authorisation for a temporary stay (MVV). Either the foreign nationals or their sponsor can apply for an MVV and residence permit in one go, using the Access to Residence procedure. After the Dutch embassy or consulate in the country of origin or country of permanent residence has issued the MVV, the foreign national can travel to the Netherlands and collect his or her residence permit. Foreign nationals who have the nationality of an EU or EEA Member State, or a few other countries including the United States, Canada and Australia, are exempt from the MVV requirement. They can travel to the Netherlands without an MVV and apply for a residence permit on arrival. The Netherlands does not have quotas for visas and residence permits. i Legislation and policy The material national sources of Dutch law on foreign nationals are the Aliens Act 2000, the Aliens Decree 2000, the Aliens Regulations 2000, the Aliens Act Implementation Guidelines 2000 and the Sovereign Decree With the exception of the Sovereign Decree 1813, these statutes are amended quite regularly, frequently to a far-reaching extent. It is therefore important to have up-to-date knowledge of the relevant legislation. Many parts of the Aliens Act and the Aliens Decree grant authority to the Minister of Justice to lay down additional rules or regulations. The Aliens Act gives an exhaustive list of the grounds on which a foreign national can be lawfully resident in the Netherlands. The Aliens Act Implementation Guidelines elaborates on the conditions on which a foreign national is granted entry or not. It also elaborates on the grounds on which rights of residence are granted, renewed or withdrawn. Given that Dutch law on foreign nationals forms a special part of administrative law, the General Administrative Law Act is also highly relevant to Dutch law on foreign nationals. The Foreign Nationals (Employment) Act (WAV) and the associated implementation decrees and other policy rules contain the requirements for employing foreign nationals in the Netherlands. Pursuant to the WAV, any employer wishing to 2 Austria, Belgium, the Czech Republic, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and Switzerland. 3 Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Sweden and the United Kingdom. 275

5 have work done in the Netherlands by a citizen from outside the EU or EEA (and from Croatia) is obliged to apply for a work permit for him or her. A work permit is generally only issued if the employer can prove that there are no employees from the Netherlands or from Europe present on the labour market to fill the vacancy. This will be assessed on the basis of a labour market review performed by the work placement branch of the Employee Insurance Agency (UWV). Dutch law on migration is determined not only by national legislation, but also, increasingly, by international treaties as well as by decisions taken by international organisations on the basis of them. Some of those treaties have been incorporated into the various provisions of the Aliens Decree. However, treaty law is in a continuous state of flux as a result of international case law. Not all relevant treaties are included in the Dutch regulations. It is therefore advisable always to consult international legislation and case law. All foreign nationals, including nationals of an EU or EEA Member State intending to stay in the Netherlands for more than four months must register with the municipal authorities. ii The immigration authorities In the Netherlands it is the State Secretary of Security and Justice and the Minister of Foreign Affairs who bear political responsibility for the substance and implementation of policy on foreign nationals. The Immigration and Naturalisation Service (IND) is the admissions organisation of the Netherlands. The IND is an agency of the Ministry of Security and Justice and implements the aliens policy, the Aliens Act and the Netherlands Nationality Act on behalf of the State Secretary of Security and Justice and the Minister of Foreign Affairs. The IND has nine offices in the Netherlands. These offices are responsible for making decisions (both in first instance and in applications for review) on MVVs and applications for admission (both asylum and regular). The IND is an implementing body. It is therefore not responsible for the substance of policy or the applicable conditions. Policy on foreign nationals is laid down by the government and the Senate and House of Representatives. Pursuant to the Sovereign Decree 1813, decisions on visas (excluding MVVs and return visas) fall within the competence of the Minister of Foreign Affairs. To assess certain visa applications, this minister together with the State Secretary of Security and Justice have instituted the Short Stay Visa Service, which in fact uses IND accommodation as well as its staff. Legally and politically, however, the Minister of Foreign Affairs remains responsible. Aside from the Short Stay Visa Service, Dutch consular representatives abroad are also authorised to process and grant visa applications within the bounds of the instructions issued to them. Monitoring of the Netherlands external borders is the responsibility of officials of the Royal Netherlands Military Constabulary and officials of various regional police forces. External borders are monitored with the purpose of processing the passage of persons both into and out of the Netherlands. Because the Netherlands does not have national borders that qualify as external borders, it is only the airports and harbours through which persons from outside the Schengen area can enter the country that are considered external borders, and at which border crossing points have been set up. 276

6 It is the Minister of Social Affairs and Employment who is responsible for the substance and implementation of the WAV. This minister has, however, delegated a large part of his responsibility to the UWV. Employers must apply to the UWV for work permits. The UWV is responsible for issuing, renewing and withdrawing work permits, and for the monitoring of and compliance with any regulations attached to a work permit. In addition, the Inspectorate of the Ministry of Social Affairs and Employment is charged with the supervision of and compliance with the WAV, in particular for the purposes of preventing unauthorised employment. The IND, the Short Stay Visa Service and the UWV review all applications for visas, MVVs, residence permits and work permits, both in first instance and in cases of applications for review. If these applications for review are rejected, the foreign national or employer in question can appeal to a district court. A decision of a district court can then be appealed before the Council of State. iii Exemptions and favoured industries For specific categories of work or sectors a work permit is required but can be issued without the above-mentioned strict labour market review, among others in cases of: a a transfer of an employee within an international group; b teachers of international schools; c religious priests or teachers; d work performed in relation to the supply of goods; e work performed in relation to the establishment of a subsidiary of a foreign company; f musicians and artists; g sportsmen or sportswomen; h key personnel of non-profit organisations; i interns; and j trainees. For each of these categories certain (other) specific conditions may apply (such as salary amount, educational background, etc.). EU and EEA nationals At the European level the rule is that persons with the nationality of an EU or EEA Member State or Switzerland must be able to exercise their right to unrestricted movement and residence in another Member State. Such persons do not require a residence permit or work permit to reside in the Netherlands. 277

7 Providing services within the EU Service companies from the European Union do not need to obtain work permits if they provide services in the Netherlands with their own personnel from a non-eu country. These types of cross-border services do, however, entail a notification obligation for the service company. This means that the foreign service company must provide information to the UWV in advance. Temporary employment for a particular type of work As a rule, a work permit is also required when a foreign national does temporary work in the Netherlands. However, it is not required for certain temporary work referred to in the Foreign Nationals (Employment) Act Implementation Decree, such as installing software for clients or conducting business consultations and concluding agreements for a limited period as laid down in the Decree. Highly skilled migrants Lastly, no work permit is required for highly skilled migrants who start working for an employer that is recognised as a sponsor with the IND, and who earn a certain salary (for requirements see Section IV, infra) or have a certain profession (foreign doctors who are training as specialists in the Netherlands or researchers). II INTERNATIONAL TREATY OBLIGATIONS i European nationals Pursuant to the EC Treaty 4 citizens of the EU and EEA and Switzerland are at liberty to settle in other Member States to look for work. These persons do not require a residence permit to reside in the Netherlands (but they must register with the municipal authority). As long as these persons have work or sufficient means and do not constitute a threat to public order, public security or public health, they are admitted to the Netherlands for long-term residence. An employer that wishes to employ a citizen of the EU or an EEA Member State, with the exception of citizens from Croatia, is not required to possess a work permit. The WAV is not applicable to this category of foreign employees. ii EC Turkey Association Agreement The purpose of this agreement is to gradually establish the unrestricted movement of employees between Turkey and the Member States of the EU or EEA by partially lifting restrictions on the freedom of establishment and freedom to provide services. iii Trade and friendship treaties The aim of the Dutch American Friendship Treaty and Protocol is to facilitate trade between the two countries. Pursuant to this treaty, less restrictive admission rules apply to 4 The Treaty Establishing the European Community. 278

8 United States citizens who wish to be admitted to the Netherlands to operate a business than apply to other self-employed persons (see also Section V, infra). The Netherlands has concluded a trade treaty with Japan. On the basis of this treaty self-employed Japanese nationals can claim residence rights similar to those of self employed US citizens under the Dutch American Friendship Treaty. iv Exchange programmes The Netherlands has made arrangements with Canada (Working Holiday Program) and Australia and New Zealand (Working Holiday Scheme) on the basis of which young nationals of these countries can gain an acquaintance with Dutch culture and society by means of a paid working holiday. They do not need to be students, and may avail themselves of these exchange programmes individually or on the basis of an invitation by an exchange organisation. To finance their stay, young people from these countries may spend a year in the Netherlands and carry out paid work without possessing a valid work permit. v Social security treaties The Netherlands has concluded bilateral treaties with several countries and the EU permitting nationals of these countries who are temporarily seconded to the Netherlands to remain on their home social security schemes. III THE YEAR IN REVIEW i Tighter sanctions policy As of 1 January 2013 much heavier penalties have been in force for violations of the Dutch WAV. The fine for employing illegal workers in the Netherlands has been raised by 50 per cent, from 8,000 to 12,000 per employee. For a repeat violation within five years the fine will be raised to 24,000 per worker. And for a third violation within the same period the fine will be 36,000 per worker. Businesses that commit repeated violations face closure for up to three months. ii The Modern Migration Policy Act (MoMi) The Netherlands has been working for many years on reforms to its regular admissions policy. On 1 June 2013 the Modern Migration Policy Act (MoMi) entered into force. An important premise of the MoMi is the simplification of procedures for migrants who can help strengthen the Netherlands in economic, scientific or cultural ways. For this purpose, the existing restrictions under which a residence permit can be issued have been reduced in number under the new act and arranged in a system of clusters. The new system works with the following clusters: exchange, study, temporary work, regular work, knowledge and talent, family, humanitarian temporary residence and special residence. Key feature of the MoMi is the new emphasis on sponsorship. The act gives the sponsor an independent position in regular residence permit procedures. The sponsor is a person or an organisation with an evident interest in the foreign national coming to the Netherlands for instance, an employer, a university or the partner of a foreign 279

9 national. Sponsors may submit applications for residence for migrants to the IND. After a reliability assessment, an organisation or company that is acting as a sponsor can be recognised as a sponsor by the IND. A recognised sponsor can make use of the accelerated decision-making procedure with a target term of two weeks. Sponsors will have obligations such as the duty to inform the IND about relevant changes. Violation of these duties will be more strictly enforced and can be fined. Another significant feature is the streamlining of the application process by combining the two procedures for admission (the MVV and the residence permit) into a single procedure for admission and residence (TEV). MoMi also introduced a residence permit for wealthy immigrants. The wealthy immigrant police took effect as of 1 October Immigrants who invest at least 1.25 million in a Dutch company can obtain a residence permit if, inter alia, the investment has added value to the Dutch economy. iii Revision of the Foreign Nationals (Employment) Act (WAV) Despite the implemented simplification of regulations by the MoMi, the coalition agreement partners agreed to toughen up major parts of the WAV. As of 1 January 2014 the revised WAV took effect. Effective from 2014 the UWV no longer assesses whether registered job applicants are actually available and suitable for a vacancy, and can refuse a work permit referring to the registered jobseekers. A work permit may also be refused or withdrawn now if the company in question has been fined for an employment-related offence (such as a violation of the WAV) within the five years preceding the application. Non-payment of a market-compliant salary will constitute urgent grounds for rejection of a work permit application. Work permits will be issued in principal for a maximum period of one year instead of three years. Also a quota can be set for a maximum number of work permits per year by the Ministry of Social Affairs for specific sectors. Another change is that foreign nationals will be allowed free access to the labour market after five years instead of three years. As of 1 January 2014 the categories of work permit exemptions are extended to include employees of multinational organisations who are transferred temporarily to the Netherlands for training. iv National Visa Act The National Visa Act amends the Aliens Act 2000 from 1 January 2014 by adding a new chapter titled National Visa, covering interdepartmental coordination, required visas, the application of MVVs, information required, return visas, the powers of the Minister of Justice, fees, regulation, restrictions and obligations. IV EMPLOYER SPONSORSHIP i Work permits As previously remarked, pursuant to the WAV, any employer wishing to have work done in the Netherlands by a citizen from outside the EU or EEA (and from Croatia) is obliged to apply for a work permit for him or her. The definition of employer under the WAV is very broad and may even entail an obligation to apply for a work permit in 280

10 situations in which no employment contract as laid down in the Dutch Civil Code has been concluded, only, for example, a contract for services with a freelancer. A work permit is generally only issued if the employer can prove that there are no employees from the Netherlands or from Europe present on the labour market to fill the vacancy. The employer must prove this by submitting evidence of its efforts to find such employees, such as advertisements in professional or trade journals and newspapers. Another requirement for obtaining a work permit is that the employee earns a market compliant salary. An application for a work permit must be submitted by the employer to the UWV. The UWV will assess the application on the basis of a labour market review. A decision on an application for a work permit must be taken within five weeks. If an employee wishes to stay in the Netherlands for more than three months, he or she must subsequently apply for an MVV or residence permit from the IND. This procedure takes several weeks. The statutory decision-making period for an MVV or residence permit is 90 days. While the application for a residence permit is pending, an employee may start working in the Netherlands provided a work permit has been issued and he or she has entered the Netherlands legally. As of 1 April 2014 the work permit and residence permit will be combined in a single permit; applications for these are made to the IND, which also issues the permits. If the application for a work permit is denied, the employer can lodge an objection with the UWV and ultimately an appeal with the district court. Intra-company transfers Under certain circumstances a work permit can be issued without either the labour market review or the company having made the aforementioned efforts (e.g., when the case involves the transfer of an employee within an international group). However, this exemption only applies to international groups with annual revenues of at least 50 million, and solely to group personnel in a management position, who perform highly qualified work or to personnel who are transferred in connection with the transfer of specific knowledge and technology and who have completed a degree from at least a university of professional education and whose gross monthly salary is (currently at least 4,048. Applications for work permits for intra-company transferees still have to be made to the UWV and the residence permit application made to the IND after 1 April Highly skilled migrants A work permit is not required for highly skilled migrants who start working for a Dutch employer or who are transferred to a Dutch branch of their foreign employer. A highly skilled migrant is an employee whose gross monthly salary is at least 4,048 or 2,968 (for employees under 30). Nor is a work permit required for foreign doctors who are training as specialists in the Netherlands or for researchers, irrespective of their salary, or for non-european students studying at a Dutch educational establishment who want to do their practical training in the Netherlands. If employers wish to make use of the scheme for highly skilled migrants, they first need to be recognised as a sponsor with the IND. The employing company can only be recognised if its registered office is in the Netherlands. So this scheme does not apply 281

11 to foreign nationals who are posted by their foreign employer to a Dutch client or to employees seconded to the Netherlands by a company without a branch in this country. A request for recognition of an employer by the IND takes about four weeks. An application for an MVV or a residence permit for a highly skilled migrant must be submitted to the IND by the recognised sponsor. The target period for reaching a decision on the application is two weeks. A highly skilled migrant may start working in the Netherlands as soon as he or she has received the residence permit or a sticker in his passport confirming he or she may work pending the application process. If the application is denied, the employer can lodge an objection with the IND and ultimately an appeal with the district court. ii Labour market regulation The Inspectorate of the Ministry of Social Affairs and Employment is charged with the supervision of compliance with the WAV, primarily to prevent unauthorised employment. The Inspectorate is also responsible for detecting violations of the Act. The Inspectorate carries out supervision by means of administrative monitoring and workplace checks. Illegal employment is fined under the WAV and repeat offences under the Economic Offences Act (WED). The WAV lists two offences liable to a fine: allowing a foreign national to work in the Netherlands without a work permit and non compliance with the duty to request proof of identification from the foreign national or administrative obligations with regard to a foreign national. Violation of the former is subject to an administrative penalty of 12,000 and the latter offence is subject to a penalty of 2,250 for each illegal employee. These amounts are standard; the Inspectorate may moderate them, taking into account the seriousness of the violation, the financial means of the offender and the degree of blame to be attributed. The fine can be increased by 50 per cent if a similar fine was imposed on the same employer less than two years previously. For a third violation within the same period the fine will be 36,000 per worker. Businesses that commit repeated violations face closure for up to three months. In arrangements involving hiring in and contracting staff, a fine can be imposed on both the company hiring in and the company contracting out, or on both the subcontractor or contractor and the client. An objection can be lodged by the employer against a decision to impose a fine and an appeal lodged with the district court. iii Rights and duties of sponsored employees A work permit (and a residence permit) are issued in principle for one year but can be renewed every year provided that all conditions continue to be met. Depending on the category, work permits can be issued for the duration of the work, up to a maximum of three years. After five years the employee can work at will on the labour market and no longer needs a work permit; however, he or she will still need a residence permit. If the employee starts working for a different employer within five years, the new employer must apply for a new work permit. A residence permit is issued to a highly skilled migrant for the duration of the work, up to five years. Highly skilled migrants retain the right to work if they switch to a different employer, provided they continue to meet the salary criterion and provided 282

12 the new employer is also recognised with the IND as a sponsor. If the highly skilled migrant loses his or her job through no fault on his or her part, he or she will be entitled to a job search period of three months to find a new employer. If the unemployment is attributable to the migrant, he or she is in principle not entitled to a job search period, and entitlement to residence as a highly skilled migrant comes to an end. After five years the employee can apply for a permanent residence permit. An employer of a highly skilled migrant is obliged to report to the IND any change that may be relevant to the right of residence of the foreign employee, and to administer and keep relevant information on the employee in their records. V INVESTORS, SKILLED MIGRANTS AND ENTREPRENEURS A foreign national who wants to work in the Netherlands as a self-employed person will have to satisfy certain conditions. There are general conditions (such as a valid passport, health insurance and having sufficient means of support), as well as conditions that specifically apply to their stay as a self-employed person in the Netherlands. The most important conditions applicable specifically to self-employed persons are: a the conditions for running certain types of company must be met; sometimes a special permit will be needed for this; b the business has to be a new business. A business is new by definition when it enters the market for the first time and is registered in the commercial register of the Chamber of Commerce; and c the business activity serves essential Dutch economic interests. To determine whether the foreign entrepreneur satisfies condition (c), the IND office handling the applications for an MVV (if applicable) and a residence permit will consult with the Minister of Economic Affairs. The Minister of Economic Affairs will apply a points system to determine whether the foreign self-employed person makes an essential contribution to the Dutch economy. The foreign self-employed person can earn points in three areas: a education, economic position and activities thus far; b c the substantiation of ideas and activities in the business plan; a positive contribution to the Netherlands in the form of innovation (in products, processes, markets and activities), employment and investments. Different admission conditions apply for US and Japanese citizens. These are based on the Netherlands respective trade treaties with the United States and Japan. By virtue of these treaties, US and Japanese citizens are entitled to reside in the Netherlands to trade or to start or run a company in which they have invested a considerable amount of money. The entrepreneur must be active in one of the legal entities recognised for Dutch companies, such as a one-man business, a partnership or a limited corporation. The points system does not apply. 283

13 VI OUTLOOK AND CONCLUSIONS i The Combined Work/Residence Permit Act (GVVA) The Single Permit Directive (2011/98/EU) is implemented in the Netherlands by the Combined Work/Residence Act (GVVA). The GVVA will enter into force on 1 April The GVVA introduces a single residence and work permit, and single application procedure for third-country nationals. Applications for the permit must be made to the IND. The conditions for obtaining the work and residence permit have not changed. A few categories of foreigners are exempt from the single permit procedure. Seasonal workers, students, intra-company transferees and citizens of Croatia still need to apply to the UWV for work permits and to the IND for residence permits. This may change for intra-company transferees once the Intra-Corporate Transferees Directive (COM(2010)378 final) is agreed upon and entered into force. ii Visa for start-ups In March 2014 the Minister of Economic Affairs presented an action plan for entrepreneurs to the lower house. The essence of this plan is to give ambitious and innovative entrepreneurs a chance to develop and expand their businesses in the Netherlands. In view of this, ambitious entrepreneurs from outside the European Union should be able to apply, in all likelihood from 2014, for residence permits that will allow them to set up business in the Netherlands the start-up visa. Under current law, entrepreneurs must comply with a points system. For new businesses, and especially smaller ones, it can be extremely difficult to obtain enough points to satisfy the criteria for residence permits for independent entrepreneurs. The start-up visa should remove practical obstacles, enabling entrepreneurs to develop their businesses without being subject to the strict requirements of the points system. 284

14 Appendix 1 ABOUT THE AUTHORS SASCHA KUIT Boekel De Nerée NV Sascha Kuit has worked for Boekel De Nerée NV since Prior to working for Boekel De Nerée she worked for the Immigration and Naturalisation Service from 1995 to 1998, and from 1998 to 2001 she worked for Pels Rijcken & Droogleever Fortuijn Lawyers. Sascha Kuit practises general immigration law with an emphasis on business immigration. She assists both national and international clients in the context of immigration law. This includes advising employers, expatriates, employees, self employed persons and majority shareholders on residence and work possibilities and conditions in the Netherlands. Furthermore, she advises on compliance with the Foreign Nationals (Employment) Act and assists clients during inspections and enquiries conducted by the Inspectorate of the Ministry of Social Affairs and Employment. BOEKEL DE NERÉE NV Gustav Mahlerplein 2 PO Box AM Amsterdam Netherlands Tel: Fax: sascha.kuit@boekel.com 411

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