ANNOUNCEMENT 21 Dec 2012

In December 2012, the government of the Netherlands announced a change for the labour market access of foreign workers.

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



Staatsblad 2012, 148 (the decree in Dutch): https://zoek.officielebekendmakingen.nl/stb-2012-148.html
News article in English about the new rules:
http://www.fragomen.com/newsresources/xprNewsDetailFrag.aspx?xpST=GlobalAlerts&news=1675
Letter of Secretary of State Teeven to Parliament, December 21, 2012 (in Dutch): http://www.everaert.nl/images/pdf/brief%20ministerie.pdf
Article explaining the letter in English: http://www.everaert.nl/en/news/16-particulieren/166-beperkingen-gezinsmigratie-gedeeltelijk-teruggedraaid


Inception date: 01 Oct 2012 | Removal date: open ended
Still in force

Labour market access

Originally scheduled for July 1st, the decree restricting accompanying family residence permits to legally married or registered foreign domestic partners and minor children will enter into force on October 1st of this year. While this measure does not directly affect the number of foreign persons allowed to enter the Netherlands to work, these restrictions limit the ability to their families with them (either upon or after initial entry) and will likely discourage those with families or partners from applying for Dutch work visas in the first place.
In most cases, unmarried or unregistered partners and extended family members will not be able to obtain new residence permits in the extended family reunification/family visitor category. Only legally married or registered partners and minor children will continue to be able to obtain residence permits. There will be a limited exception for unmarried partners for whom it is legally impossible to marry or register their partnership in their home country, such as where the home country prohibits same-sex or interfaith marriage or makes no provision for partnership registration. In these cases, partners will be able to apply for a provisional six-month residence permit to enter the Netherlands and get married or register a partnership. Applications made before October 1st are not affected. Nor are the new rules applicable to people whose situation is covered by certain bilateral treaties (this is the case for Turkish, American, and Japanese citizens). And, of course, the free movement of people across the European Union implies these rules are not applicable to EU citizens either.
Update February 14, 2013:
On December 21st, 2012, the Secretary of State for Security and Justice of the new labour-liberal coalition announced to Parliament a partial reversal of the measures that have entered into effect in October. The main change is that unmarried and unregistered partners in a sustainable and exclusive relationshipwith a resident of the Netherlands will become eligible for familyreunification again, as was the case prior to the restrictions introduced in October. The other measures (no family reunification for dependent children over 18 years old for instance) remain in force unless the applicant can state an exceptional case based on the European Convention on Human Rights and Fundamental Freedoms.
 
Consistent with other GTA measures on migration, the affected trading partners are those where the stock of migrants in the implementing jurisdiction exceeds 5000 persons.
 

AFFECTED SECTORS

 
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AFFECTED PRODUCTS

 
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