Administrative fine for not meeting obligations

This is how the IND checks whether you meet your obligations:

• The IND requests information from the sponsor, recognised or not, or the foreign national.
• The IND requests information from other persons or organisations.
• The IND checks the records on location.
• The IND examines information or signals from others.

Has the check shown that you have not met one or more obligations? Then you are in violation.

You usually get a warning on the first violation. The IND places a record in your file. A warning is valid for 2 years. Have you not committed a new violation during those 2 years? Then the record in your file will no longer be valid.

Have you violated the same obligation within 2 years? Or have you committed a serious violation? Then you will get an administrative fine. We can also impose a fine without a warning in advance. Serious violations are, for example:

• violation of the duty of care by a recognised sponsor
• violation of the obligation to provide information, which leads to a fine of at least half of the maximum amount of the administrative fine.

The IND can impose an administrative fine up to 5 years after you have violated a legal obligation.

Does the foreign national no longer have a residence permit? Then the foreign national must leave the Netherlands. Does the foreign national not leave? Then the government can remove the foreign national from the country. The IND can have the sponsor pay the costs of removal. What if the IND cannot have the sponsor pay the costs? Then the foreign national must pay the costs of removal.

These are the costs:

• transport to the airport or the border
• the airline ticket
• the travel document. 

Situations in which the sponsor does not have to pay the costs of removal

• A transport company (usually an airline company) has to pay the costs.
• The costs must be paid 1 year or more after the sponsorship has stopped. 
• The costs must be paid 6 months or more after the host agreement has stopped. This applies to foreign nationals with a residence permit for research under Directive 2005/71/EC or 2016/801. 
• The foreign national has a different sponsor.
• The foreign national’s residence permit has been changed. Or the foreign national has received a permanent residence permit.
• The foreign national has become a Dutch citizen.
• The foreign national has died.
• The sponsor can prove that the foreign national has departed by their own initiative to a country where they are allowed to stay.
• The sponsor has been declared insolvent; the company has been dissolved and deregistered from the Commercial Register of the Chamber of Commerce (KvK).
• The sponsor is undergoing debt restructuring.
• The sponsor has died.

• Suspension and withdrawal of recognition as a sponsor
• Obligations of the foreign national and sponsor of a family member
• Obligations of the sponsor and recognised sponsor