When Standard Procedures Are Not Enough
Most corporate relocations for expats, particularly for highly skilled migrants from outside the EU, follow a relatively standard and predictable immigration path. The employer, as a recognized sponsor, works with a relocation agency to process the application through the IND. However, some cases present complexities that fall outside this standard procedure. This could involve issues such as a non-traditional family structure (e.g., unmarried partners where proof of a durable relationship is complex), previous visa refusals, questions of nationality, or plans to transition from employee status to becoming a self-employed entrepreneur in the future. In such situations, the procedural expertise of a relocation agent is insufficient, and specialized legal advice is required. An immigration lawyer referral is the process by which a company or its relocation partner connects the employee with a qualified Dutch immigration lawyer (immigratieadvocaat).
This referral is a critical resource when facing legal gray areas. An immigration lawyer can provide a formal legal opinion, assess the risks of a particular application strategy, represent the employee in dealings with the IND, and, if necessary, handle appeals or administrative reviews. Unlike a relocation agent who is a logistical expert, a lawyer is a legal advocate, equipped to interpret complex legislation and argue a case on behalf of their client. For an employee with a complicated personal or professional situation, access to such expertise can be the difference between a successful application and a refusal.
Understanding the Scope and Cost
When a company offers an immigration lawyer referral, it is crucial for the employee to clarify the financial implications. The term 'referral' can be ambiguous. In most cases, it simply means the company will recommend a trusted law firm, but the employee will be responsible for the legal fees incurred. A more generous, but rarer, benefit is when the company agrees to cover the costs of the legal consultation, at least up to a certain limit. Given that legal fees can be very high, this is a critical distinction. The employee should request a clear written statement on who is responsible for payment before engaging the lawyer's services.
It is also worth remembering that the law firm being referred likely has a long-standing relationship with the employer or the relocation agency. While this ensures the lawyer is experienced in corporate immigration matters, it can also create a perception of divided loyalties. A skeptical employee might wonder if the advice they are receiving prioritizes the company's interests (e.g., the fastest, least complicated route) over the employee's long-term personal immigration goals. While lawyers are bound by professional ethics to act in their client's best interest, an employee with a particularly sensitive or complex case may still wish to seek a second opinion from an independent lawyer of their own choosing, even if it means bearing the full cost themselves. The referral is a valuable starting point, but not necessarily the final word.
