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Everaert Advocaten is recognised nationally and internationally as one of the leading firms in migration law in the Netherlands. Be it for a short term residence permit or permanent residence, we offer our clients tailored migration solutions. We are also available for migration related legal procedures, such as acquiring Dutch nationality, and international adoptions.
Because of our up-to-date knowledge of national and international laws and regulations regarding migration, as well as ongoing developments in this field we are able to provide our clients with strategic advice and effective solutions to specific migration issues.
In this webinar, Marcel Reurs will discuss two implications pertaining to the departure from the host country, the SIS Registration and Overstay, and explain what HR GM can do to avoid these implications and prevent the worker from running into nasty surprises at the border.
About the SIS Registration
The Schengen Information System (SIS) is Europe's most widely used and largest information-sharing system for security and border management. As there are no internal borders between the Schengen countries, SIS compensates for border controls and turned out to be a very successful cooperation tool for the border, immigration, police, customs, and judicial authorities in the EU and the Schengen-associated countries.
However, since March 7, SIS is also registering the termination of residence permits. In some instances, where former residence permit holders tried to re-enter the country for a short visit, this has led to border control questioning these visitors. As a result, some visitors experienced serious delays, missed flights, or were even denied to enter the country.
Overstay
Another situation that deserves attention is overstaying and the consequences thereof for both the former sponsor and the employee. After all, the sponsor is responsible for the return of their employee after the sponsorship has been terminated. In case of overstay, the authorities are entitled to recover the costs of deportation on the last known sponsor (so-called "administrative cost recovery”).
Moreover, regarding the sponsor, both the Immigration Authorities and the Labour Authorities can impose sanctions and substantial fines that can constitute another risk: refusal or withdrawal of sponsorship and work permits.
As to the employee, overstaying can have the following consequences:
- Alien detention and deportation (“return order”);
- A European entry ban of 2 years will be registered to the name of the employee for the entire Schengen area.
This is a complimentary webinar exclusively for Expatise Linkedin Learning Platform members, a closed environment for HR GM professionals where we share news and views on HR Global Mobility matters. Membership in this Platform is free of charge.
