Temporary Work without a Residence Document policy for highly skilled migrants extended
As of January 2023, a temporary measure for highly skilled migrants has been extended. The measure permits, in many cases, for a highly skilled migrant to work for up to 4 months without a residence document. A sticker (SG&A) is needed to work while awaiting the residence document. Note that this measure excludes the following residence permits: Intra Corporate Transferee (ICT), EU Blue Card and Scientific researcher.
Temporary Protection Directive extended (Ukraine)
The application of the Temporary Protection Directive has been extended until 4 September 2023 for people with a temporary Ukrainian residence permit.
Everyone who falls under the Directive has the right to housing, medical care, education (minors) and is allowed to work in the Netherlands.
China joins the Apostille Convention
As of 8 March 2023, China submitted its instrument of accession to the Apostille Convention, which abolishes the requirement of legalization for foreign public documents. This convention will come into force for China on 7 November 2023. If two states are party to the Convention, it reduces the need for legalization in their respective countries, simplifying transnational circulation of documents.
Once this Convention comes into effect, it will likely ensure shorter processing times of public documents and legalization. Furthermore, 124 countries worldwide are party to the Apostille Convention, meaning that there is no additional legalization needed for public documents.
From a global mobility perspective, China joining the Apostille system could potentially make immigration procedures, foreign commerce and business conducted in China, and other processes requiring document legalization easier.
EU Framework Agreement on Social Security for teleworkers
The Administrative Commission for the coordination of Social Security within the EU has reached an agreement (Framework Agreement) on the social security position of frontier workers, who work remotely from home.
The agreement serves as a ‘recommendation’ (effective as from 1 July 2023) to the EU Member States. Member States may choose to implement the Framework Agreement and apply a simplified procedure to determine under which social security system an employee will be covered.
Under the Agreement frontier workers will be covered by the social security legislation of the Member State where their employer is located, if they work from home for up to 49% of their time. The frontier worker should thus be working from that Member State for the majority (+50%) of the time.
To illustrate: a Belgian resident works for a Dutch company. This Belgian national works in the Netherlands three days a week (60%) and works from home in Belgium two days a week (40%). This employee will be covered by the Dutch social security schemes based on the Framework Agreement.
In the situation where the Belgian resident works for a Dutch company where the employee works two days per week in the Netherlands (40%) and three days per week from home in Belgium (60%), the employee will be subject to the Belgian social schemes based on the Framework Agreement.
Those Member States who will not implement the Agreement, will be following the general allocation rule for substantial work in the state of residence (25%). This means that employees will be covered by the social security legislation of their home-state, if they physically work in that state for 25% of the time or more.
The so-called 'no-impact policy' (implemented during the Covid-19 pandemic) that tolerated international teleworking without changing the social security system to the country of residence will end on 30 June 2023.
