Work permits in the Netherlands: TWV and GVVA
Non-EU/EEA nationals who wish to work in the Netherlands generally require a work authorisation. Dutch law provides two main instruments. The first is the tewerkstellingsvergunning (TWV), a standalone work permit issued by the Employee Insurance Agency (UWV). The second is the gecombineerde vergunning voor verblijf en arbeid (GVVA), a combined permit for residence and work issued by the Immigration and Naturalisation Service (IND) that functions as both a residence permit and a work authorisation. The GVVA has largely replaced the TWV for employees who need both residence rights and the right to work.
The legal basis for work permit requirements is the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, WAV). The WAV imposes the obligation on the employer to ensure that the required permit is in place before the foreign national commences work. An employer who employs a non-EU national without the required authorisation commits an offence and can be fined up to €8,000 per employee per violation. In cases of systematic abuse, fines can be significantly higher.
Exceptions to the work permit requirement
Several categories of workers are exempt from the work permit requirement. EU/EEA nationals and Swiss nationals enjoy free movement of workers and do not need a TWV or GVVA. Highly skilled migrants who qualify under the kennismigrantenregeling are issued a single combined permit without the need for a labour market test (arbeidsmarkttoets). Other exemptions exist for intra-company transferees, researchers, and certain short-term assignments.
The labour market test under Dutch law
For standard TWV applications, the UWV assesses whether the vacancy could be filled by a candidate already available on the Dutch or EU labour market - the so-called arbeidsmarkttoets. The employer must demonstrate that it has made genuine efforts to recruit locally before resorting to hiring from outside the EEA. This requirement does not apply to the highly skilled migrant route or to certain other exempt categories. Employment lawyers with experience in international employment law can assist both employers and employees with the permit application process and compliance.
Under Article 8 WAV, before the UWV will grant a TWV, the employer must have notified the vacancy to the UWV at least five weeks before the permit application and must guarantee payment of at least the going rate of pay. Work permits are granted for a maximum of one year (three years for Turkish nationals under the EU-Turkey Association Agreement), and in practice approximately 60% of permits are granted for six months (Article 11 WAV). Third-country nationals working in the Netherlands within the framework of EU cross-border service provision are exempt from the TWV requirement, but the contractor must notify this to the UWV.