Foreign crew members who provide crew services on board a seagoing vessel on Dutch territorial waters may be exempt from the Foreign Nationals Employment Act (Wav). Whether a work permit or a combined work and residence permit (single permit) is required depends on a number of factors.
Exemption under the Foreign Nationals Employment Act
Foreign crew members are exempt from the rules contained in the Foreign Nationals Employment Act if:
- they have their principal residence outside the Netherlands;
- and as crew members, providing crew services on board a seagoing vessel within the meaning of the Certificates of Registry Act, insofar as the seagoing vessel is not operated exclusively as an inland vessel on Dutch inland waterways, or as a civil engineering machine within the Netherlands.
Crew services
Crew services are services provided by a crew member as part of the daily work for the vessel, its crew, its cargo and its passengers. In addition, the workers must be signed-on crew members belonging to the vessel and must have a contract with the maritime employer.
Work permit required
In all other cases, no exemption applies and the employer must have a work permit for the foreign crew members, or the crew members themselves must hold a combined work and residence permit (single permit).