Legal Question about Student Work Visa

Questioner

Dear, My niece from Suriname has been living with us for a year and a half and is studying Psychology at Tilburg University. She is well on track with her studies and has been looking for a job for some time. She is here on a student visa from Suriname and is allowed to work 16 hours per week. Several potential employers are initially enthusiastic about her but refuse to apply for a work permit or indicate that they will not (for what reason?). My niece is extremely motivated to work, has a lot to offer, and wants to integrate further into Dutch society. The attitude of companies is very demotivating, and it is precisely at this point where companies can play a role in making foreigners feel at home and better integrate, that they are failing en masse. My question to you is twofold. Does the employer always have to apply for the permit, or can it be arranged for her to apply for/receive permission to work 16 hours for an employer? My second question is: are potential employers allowed to adopt this attitude and not apply for a permit? I look forward to your response. Kind regards, Monique

Questioner

While holding her study permit, your niece is indeed allowed to work 16 hours per week, but her employer must then apply for a work permit (TWV) from the UWV. The UWV assesses, among other things, whether the work can be done by a Dutch or EU citizen, and if so, a TWV will not be issued. Without this permit, the employer risks being fined. They also risk a fine if the work exceeds 16 hours. I think employers are hesitant to initiate the application process with the UWV. What your niece could do after her studies is apply for a search year to look for work in the Netherlands. She can obtain a permit for one year, costing €171 in fees, and during that time she can work anywhere without a work permit. Afterward, she could try to be admitted here based on that work or as a knowledge migrant/researcher. The IND (Immigration and Naturalization Service) provides extensive information about this on its website.

Questioner

Dear Ditta, We're not currently looking for a job after her studies. The focus is on finding a part-time job (e.g., at Albert Heijn, Blokker, etc.) alongside her current studies. These jobs could, of course, also be held by Dutch or other EU citizens. She doesn't currently have any unique expertise that distinguishes her from Dutch or other EU citizens, and she will be returning to Suriname after her studies. She's now running into a brick wall when it comes to companies' willingness to apply for a work permit for her. She and several other international students will have no use for the so-called permission to work 16 hours if no one wants to pursue this option (because anyone can do the job?). What jobs does the government have in mind for these international students who are "allowed" to work here? I hope you can point us in the right direction so we can take steps towards finding a job for my niece at this time. Kind regards, Monique

Questioner

Dear Monique, Initially, I understood from your comment about your niece, who is already well on track with her studies, that she was looking for work in that field. But I now understand that it involves completely different types of work. When I see that the 16-hour maximum workweek requirement is being extended to a full-time workweek during the summer months (June, July, and August), I suspect the government is considering employment in agriculture, horticulture, and the hospitality industry, and is also considering working outside of university term time. You write that employers are initially enthusiastic. If they can demonstrate that they have difficulty recruiting Dutch and EU employees, this will simplify the assessment by the UWV. Good luck finding an employer who is willing to apply for a work permit from the UWV.