An employer who wishes to recruit a non-EU national from outside of the EU or EEA usually needs to apply for a work permit for that individual unless a residence permit category is available that provides for both residence and work privileges (e.g., the highly skilled migrant procedure or the European Blue Card procedure).

There are different procedures for work permit applications. The applicable procedure depends entirely on the applicant's specific circumstances, the nature of the current employer abroad and the nature of the company offering the work in the Netherlands. Under certain circumstances, a combined work and residence permit (GVVA) can be applied for via the IND (which liaises with the UWV regarding the conditions for work authorization).

Generally, the Dutch employer must prove that the labor market has been scanned for workers who have priority (workers from the Netherlands and the EEA are prioritized). In this respect, the employer must prove that the vacancy has been reported to the UWV and, usually, to the European Employment Service (EURES) at least five weeks prior to the work permit application. Furthermore, the employer is required to have engaged a recruitment office and advertised the job in a Dutch national newspaper and a professional journal. The employer also has to prove that candidates who were registered at the UWV's employment office were approached for the job and indicate the results thereof (i.e., the reason for not hiring a registered candidate). If a company is unsure whether it must report the vacancy, the company is advised to consult an attorney. To avoid unexpected refusals, companies should be cautious about assuming that a job does not need to be reported to the various authorities.

Work permits that are granted based on the state of the Dutch and European job markets will not be issued for more than one year, meaning that employers will need to renew the work permit each year. The work permit will only be renewed if there are no alternative personnel taking priority in the Dutch and European labor market.

The application procedures for different types of employment require extensive preparation. This is not only necessary for the application as described above, but also for those who want to stay in the Netherlands as self-employed individuals, and for those who want to work in a university or in the field of sports.

There are different types of procedures for which a recruitment period is not necessary (e.g., for highly skilled migrants, European Blue Card holders and ICT permit holders). It is not possible to apply for a GVVA for these categories. Consequently, separate permit application procedures must be followed.

The customer-producer relationship allows non-EU nationals to work in the Netherlands on a work permit if the following conditions are applicable:

• The individual will be sent to the Netherlands to supply/adapt/install goods on a contractual basis.
• The company that supplies the goods and employs the individual is established abroad.
• The supplied goods are produced in the country of the individual's original work location.
• The individual has been employed for at least one year.
• The total value of performed activities (measured against usual Dutch market levels) does not exceed the value of the supplied goods.

The foregoing conditions are not exhaustive.

A combined work and residence permit (GVVA) can be applied for via the IND (which liaises with the UWV regarding the conditions for work permit authorization).

Under certain circumstances, these types of temporary activities can be performed without the need for a work permit. Requirements must be reviewed on a case-by-case basis.

A non-EU national can qualify for a permit status as a self-employed person upon proof of the following:

• Registration in the Trade Register of the Dutch Chamber of Commerce, and ownership of more than 25% of the business or of being the sole owner of that business
• An essential Dutch interest will be served (this requirement is very comprehensive, and therefore it can prove difficult to secure a permit for a self-employed person)

The foregoing conditions are not exhaustive. Additional/other conditions will apply depending on the nature of activities in the Netherlands. Requirements must be reviewed on a case-by-case basis.

Permit approval is conditional upon the individual's activities serving an essential Dutch interest. To determine this, the Ministry of Economic Affairs has developed a points system based on the level of education, experience as an entrepreneur, work experience and the innovative aspects of the business. The points system does not apply for Turkish nationals or individuals who have the status of a long-term EU resident in another EU country.

The permit provides both work and residence authorization. A separate work permit will not be required.

Under the Dutch-American Friendship Act, US citizens can obtain a permit status as self-employed persons in the Netherlands without having to prove that their activities serve an essential Dutch interest. Japanese citizens can benefit from a similar scheme under the Dutch-Japanese Trade Treaty.

To qualify, the individual must be coming either to conduct trade and activities related to trade between Netherlands and the US or Japan respectively, or engage in a professional practice for which investment has been made in the Netherlands.

In this context, it should be noted that "professional practice" does not include the "free" professions (i.e., lawyers, dentists, doctors).

To meet the 'investment in the Netherlands' requirement, the following is applicable:

• General partnership (vennootschap onder firma) — at least 25% of the firm capital, with a minimum of EUR 4,500
• Limited partnership (vennootschap onder commandite) — for the managing partner, the same as the general partnership is applicable (since the limited partner cannot be classified as a self-employed person under Dutch immigration law, limited partners cannot qualify)
• Private company with limited liability (Besloten vennootschap) — at least 25% of the firm capital, with a minimum of EUR 4,500
• Corporation (Naamloze venootschap) — at least 25% of the placed capital, with a minimum of EUR 11,250
• Sole proprietor — a minimum investment of EUR 4,500