Can MVV/ Residence Permit be withdrawn?

[NKanthi87]

Hi All,

My husband and I were expecting to travel to Netherlands next week, but we seem to have a problem now.
We were residing in UK until March 2018. My husband resigned his job there to join a company in Netherlands starting May 2018. This Netherlands company sponsored HSM visa for my husband and dependent visa for me. Application went through fine and we've got our passports with MVV stamping and ready for our travel.

Now, this company seems to have shortage of projects and are enquiring my husband whether his joining date could be pushed and travel postponed to another 4-5 months. The discussions are still ongoing and we are yet to get some clarity on it.

Given this situation, could any of you kindly let me know on the feasibility of the below please?

1. Can the Netherlands company withdraw sponsorship before our travel by cancelling the offer and signed contract?
2. We've got our passports with MVV stamping already, that means we could travel right? Or can that be revoked?
3. We were to collect our Residence permit card after reaching Netherlands. Can that be revoked too?
4. I believe HSM visa gives flexibility to change employers. If the current employer cancels the contract, and if my husband were to find another employer willing to sponsor; could the same HSM visa be used?
5. Is there any allowed timeframe during which a HSM visa holder can remain in Netherlands without working? In other words, Can there be any gap inbetween while switching employers?

If you could share your comments and inputs on these, it would be much appreciated. Thank you very much in advance.

Regards,
Kanthi

[gokulatti]

1. Can the Netherlands company withdraw sponsorship before our travel by cancelling the offer and signed contract? Yes, Ofc you will be due for settlement as per your contract. A contract is binding once signed by both parties.
2. We've got our passports with MVV stamping already, that means we could travel right? Or can that be revoked? You have an MVV, its not the actual KSMP residence permit yet, it is just an entry clearance so you can come in and eventually get your KSMP RP, which should just be straight forward during your appointment with IND in holland, however you need to show contract+registration at an address in a municipality usually you address proof via tenancy contract.
3. We were to collect our Residence permit card after reaching Netherlands. Can that be revoked too? Yes, once a RP has been issued you can stay for 6 months to search for another job, but this RP will only be issued if your first contract is valid in the first place. Your employer HAS an obligation to inform the status of an expat employer to the IND, which they are very strict otherwise they will lose their sponsored status with the IND
4. I believe HSM visa gives flexibility to change employers. If the current employer cancels the contract, and if my husband were to find another employer willing to sponsor; could the same HSM visa be used? Irrelevant if you never received your RP in the first place.
5. Is there any allowed timeframe during which a HSM visa holder can remain in Netherlands without working? In other words, Can there be any gap inbetween while switching employers? 6 months.

[gokulatti]

If I were you, I would ask the company in writing, if we could move in to holland already to settle down while the negotiations going on, this way you can come in to holland, settle down and also get your RP, you can produce this writing to IND along with the initial contract and the tenancy agreement to get your RP, once you have your RP, you can look in to other jobs as plan B.
P.S. Show this writing to IND IF they ask. Some officers might some wont.

[NKanthi87]

Thank you Gokulatti for providing your comments to all the queries that I had raised. I have a better understanding now on what to do and what to look for. Thanks very much once again.

Kind Regards,
Kanthi