UWV and Foreign Workers: Benefit Rights

UWV and foreign workers: benefit rights in the Netherlands

Do you work in the Netherlands but live abroad, or do you employ foreign workers? Then you may wonder what you are entitled to when it comes to a UWV benefit. This article explains your rights and obligations within the Dutch social security system.

Specific rules for foreign workers within the UWV system

Foreign workers who work in the Netherlands are in principle entitled to benefits from the UWV, provided they meet the conditions of the Dutch social security system. Among other things, this means they must be insured under the employee insurance schemes (such as WW, WIA and the Sickness Benefits Act) and must meet the obligations that apply to all employees.

A few points do require attention:

Insurance obligation: Foreign workers who work in the Netherlands temporarily may remain covered by the social security system of their own country if a valid A1 certificate has been issued. In that case the UWV has no obligation to pay benefits.
Residence status: Employees without a valid residence permit are not entitled to UWV benefits.
EU citizens: EU/EEA citizens and Swiss nationals enjoy equal benefit rights as long as they reside and work in the Netherlands legally.

For employers, it is important always to state the correct details of a foreign employee’s residence and employment status when submitting an application or notification to the UWV. Incorrect or incomplete information can lead to delay or rejection of the benefit.

Deadlines and procedures for objection and appeal

In addition to the objection period mentioned above, there are specific procedures and deadlines you must observe in order to safeguard your rights:

Filing an objection: You usually have six weeks to object to a UWV decision. You do this in writing or digitally via uwv.nl. It is advisable to substantiate your objection as fully and concretely as possible.
Handling of the objection: The UWV aims to decide on the objection within 14 weeks. During the hearing you can provide additional information and answer questions.
Appeal to the district court: If your objection is rejected, you can lodge an appeal with the district court within six weeks of the UWV’s decision. The court reviews the decision on its merits again.
Further appeal to the Central Appeals Tribunal: A further appeal against a district court ruling is possible within six weeks. The CRvB specialises in social security cases and has extensive knowledge of UWV procedures.

Please note: failing to file an objection or appeal on time can result in a definitive rejection.

We therefore advise you to contact a specialised lawyer, such as at Arslan Advocaten, as soon as possible so that your procedure is started correctly and on time.

Practical tips to avoid common mistakes

The process surrounding UWV benefits can be complex, certainly for foreign workers and employers who have to deal with different sets of rules. Avoid the following pitfalls:

Incomplete medical documentation: Make sure all relevant medical information, including reports from specialists, is submitted on time and in full. This prevents the UWV from overlooking important complaints.
Not responding within deadlines: Keep a close eye on every deadline, both for filing an objection and for supplying additional documents. If a deadline passes, you may lose your rights.
Incorrect completion of the labour expert assessment: Check whether the labour expert’s report matches your situation. Unrealistic job suggestions or ignored limitations can harm your chances.
Communication with the UWV: Keep all correspondence and make notes of telephone conversations. This can matter in objection or appeal proceedings.
Engaging professional support: A specialised lawyer knows the pitfalls and how to represent your interests as effectively as possible. Arslan Advocaten offers expert guidance and strengthens your case with medical and occupational advice.

Your rights and options

If you disagree with a UWV decision, you have the right to file an objection. In most cases the objection period is 6 weeks from the date of the decision. In some cases a shorter period of 2 weeks applies — always check this carefully in the letter you received from the UWV.

Your objection is handled by a different department of the UWV than the one that took the original decision. In most cases you will be invited to a hearing, where you can explain your situation in person. This is an important moment: the hearing gives you the chance to submit additional information and answer questions.

If your objection is rejected, you can appeal to the administrative court (district court). The court assesses whether the UWV acted with due care and whether the decision rests on sound reasoning. On appeal you can also request an independent medical or occupational assessment.

A further appeal against the district court’s ruling is available at the Central Appeals Tribunal (CRvB). This is the highest court for social security cases in the Netherlands.

Common mistakes made by the UWV

The UWV regularly makes mistakes when assessing benefit applications. The most common errors are:

The insurance physician spends too little time on the consultation and therefore misses important complaints
Information from the treating specialist is not taken into account, or not sufficiently, in the assessment
Psychological complaints (depression, PTSD, anxiety, chronic fatigue) are underestimated or not recognised
The labour expert selects jobs that do not match the limitations established
No account is taken of sustained capacity: you may be able to do something briefly, but not for a full working day
The reasoning behind the decision is inadequate: the UWV does not explain why certain limitations were not adopted

An experienced lawyer recognises these errors and knows how to challenge them effectively.

Costs and subsidised legal aid

If your objection or appeal succeeds, the UWV must reimburse (part of) your legal costs. In addition, you may qualify for subsidised legal aid (a “toevoeging”) through the Legal Aid Board. In that case you only pay a personal contribution that depends on your income — for the lowest incomes just €188.

At Arslan Advocaten we always assess whether you qualify for subsidised legal aid. We believe everyone is entitled to legal help, regardless of income.

Why Arslan Advocaten?

Our lawyers have years of experience with UWV procedures. We litigate against the UWV every day in objection, appeal and further appeal proceedings. We work with independent medical advisers and labour experts to make your case as strong as possible.

With offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven and Tilburg, we are always close by. Contact us today for a free, no-obligation consultation.

Frequently asked questions

How long do I have to file an objection?

In most cases 6 weeks from the date of the decision. Sometimes a shorter period of 2 weeks applies. Always check this in the letter from the UWV.

Does a lawyer in UWV cases cost me money?

If your objection succeeds, the UWV reimburses your costs. In addition, you may qualify for subsidised legal aid (a “toevoeging”), under which you only pay a small personal contribution.

Can I file an objection myself without a lawyer?

Yes, but a specialised lawyer considerably improves your chances. UWV cases are complex and require knowledge of medical assessments, occupational reports and administrative law procedures.