"Favourable conditions for family reunification and for access to work for spouses should be a fundamental element of the EU Blue Card."

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Japanese nationals work permit exempted

9 January 2015 Japanese nationals are allowed to work in the Netherlands without the need for their employer to possess a work permit. The Dutch High Administrative Court ruled as such in her judgment of 24 December 2014. The work permit exemption is based upon the Dutch Japanese Treaty of Trade of 1913, with a clause on the ‘most favoured nation treatment’. Based upon this clause, the rights of Swiss nationals as described in the Dutch-Swiss Treaty dating from 1875 became very important. Since Swiss nationals are allowed to work in the Netherlands without the restriction of a work permit, the same is applicable to Japanese nationals. This judgment has major implications with regard to access to the Dutch labour market for Japanese nationals. No longer is required that their employers apply for a residence permit to work as a highly skilled migrant or an intra company transfer work permit, both with conditions like salary threshold, diploma’s and world wide turnover of the global group. A regular residence permit for ‘paid employment’ will suffice.


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