Ensure that you are checking the highly skilled migrants register, as there are other registers as well. Recognition as a sponsor has a number of advantages: 1. continues to flourish, a trend is starting to develop. She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. She is also a ‘Highly Skilled Migrant’. There are also other types of permits attempting to attract highly skilled migrants, such as the EU Blue Card and the permit for intra-corporate transferees. You may be allowed to simply move on to a different employer in the Netherlands, without having to fulfil any legal obligations. It is becoming increasingly common for expatriates to change employers within the Netherlands. In order to qualify for HSM status, you must be earning a specific salary. If you, as an employee, wish to come to work in the Netherlands as a highly skilled migrant, you’re required to earn a minimum gross annual income. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. Both garden leave and a search period can cause a loss of entitlement to this important scheme. When moving to another country, you face the question: what should you do with your ... Are you wondering what it is like to drive a car in the Netherlands? Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. We have created some scenarios to help explain what you must do. As the Dutch economy continues to flourish, a trend is starting to develop. Employer B must have a minimum annual worldwide turnover of € 50 million, Employer B must have one branch in the Netherlands, Be able to prove that they have been unable to find suitable personnel in the Netherlands/EU, for the position Mr Anderson has been offered. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. Mrs. Andala is Indian. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. These could make it more complicated for you to change employer in the Netherlands. Graduates who find permanent employment as a Highly-Skilled Migrant within a year will be eligible for a residence permit. Salary Requirements for HSM Applications: A post-graduate must earn: €2,228 / month, Anyone under 30 years old must earn: €3,108 / month, Anyone above 30 years of age must earn: €4,240 / month, Someone with company access to HSMP must pay a, Someone with company access to HSMP, who works for a company that employs fewer than 50 people must pay a smaller, For HSM applications, you must also pay legal fees of: € 910, When Mrs. Andala was invited to work for company A, she received a letter of deputation, The letter stated that she was to be transferred to the Netherlands for a period of 24 months, as an HSM. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. If she fails to fulfill this condition of being an HSM, Mrs Andala risks: Employer A must inform the IND about the departure of an employee from their company. The income threshold does not apply in cases in which the highly skilled migrant … After this time, an approval should be issued by the, . The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. The application must be submitted by your employer. Meeting the criteria as a highly skilled migrant requires not only that the salary from your new employment meets the minimum amount; it also needs to be on market terms. Doing this enables them to ‘fast-track’ the immigration procedure for their employees, The processing time for the procedure takes only two weeks. The employer/company has registered at the Integration & Naturalisation authorities (IND) for the Highly Skilled Migrant Program; and; To be considered as a Highly Skilled Migrant the applicant is required to earn an annual salary of at least € 50.183 if he or she is over 30 years of age. Highly-skilled migrants, sometimes called knowledge workers, are foreign nationals who are deemed to make a contribution to the knowledge-based economy in the Netherlands. – If your residence permit expires before that three month term, then the duration of your search period will be shorter. A highly skilled migrant is a highly educated foreign national with the nationality of a country outside the EU, the EEA or Switzerland, who comes to the Netherlands to contribute to our knowledge economy. This must be done within 28 days of Mrs. Andala’s departure. This must be done within 28 days of Mrs. Andala’s arrival. – Highly skilled migrant under 30: EURO 3,381 gross per month excluding 8% holiday allowance; A third category exists for highly skilled migrants with a reduced salary criterion: EURO 2,423 gross per month excluding 8% holiday allowance – but this requires the highly skilled migrant to meet a number of additional criteria and conditions. One day, Mr. Anderson gets fed up. To do it, employer A must fill out a notification form, Employer B must inform the IND about the inclusion of a new employee within their company. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. It is the Dutch immigration department. Remember that for as long as you are a highly skilled migrant and you have not yet passed the civic exam, you cannot apply for an indefinite term residence permit in the Netherlands. Do not delay; you may regret it. Highly skilled migrants must be paid an income which is above a set threshold. This is referred to as the HSMP. Since then, he has been working for company A for almost three years. Many companies choose to register as recognized HSMP sponsors. The employees in all three examples have been working for ’employer A’ in the Netherlands. This may apply, even if you continue to do the same work in the same place. You have a valid travel document (for example a passport). Mr. Anderson received an offer to come to the Netherlands on an international assignment. Now, they wish to change to ’employer B’. Highly skilled migrants can also change their purpose of stay into ‘labour’ after five years, which allows them to work without a work permit and without meeting the requirements for the highly skilled migrant scheme. If you have yet to secure your first job as an expat, then take a look into, 1. Contact me for assistance. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. An employer who hires a highly skilled migrant is not required to obtain a work permit for this foreign national employee, who nonetheless must have a residence permit. Therefore, she is an ‘EU-National’. A highly skilled migrant (also called a knowledge migrant or kennismigrant) is defined by age and salary. Simply Google “IND + recognised sponsor”. This factsheet contains information for employers wishing to hire international employees. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. See privacy statement for more info. The so-called “30% ruling” is a payment for extraterritorial costs. Your employer may, for example, have restrictions concerning: property rights, confidentiality or non-competition clauses. Salary requirements depend on your age. How high it needs to be depends on your age and situation. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. The costs of the application of the company to be registered in the highly skilled migrant scheme amounts as of May 3rd 2018 €3.927. Conditions for the employer. You are an EU national if you are a citizen of one of the countries within the European union. The assessment by the Dutch immigration services (IND) is primarily salary The application for the Dutch residence permit must be submitted by the foreign national employee to the Dutch Immigration and Naturalization Service. He decides to quit his job at company A and start working for company B, in a higher position. The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. For your benefit, I focus on both areas of law. If you are considering making this move yourself, beware of legal pitfalls! How do I hire a highly skilled international employee? In the application statistics of the Dutch Immigration Department IND since 2011 (the year of implementation of the Directive), you will not find Blue Card application numbers. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ nl.relocation@altairglobal.eu │ Het Kleine Loo 414T, 2592CK The Hague. However, depending on where you are from, there might be some further steps you need to take. If you have yet to secure your first job as an expat, then take a look into how to apply for a job in the Netherlands. A foreign national who has been granted a residence permit as a knowledge migrant does not need to apply for a change of restriction if he changes employer, provided he still meets the conditions for residence as a knowledge migrant. The flow chart will help you to determine which regulations and schemes are applicable in … As an employer, you can have your company be recognised as a sponsor by the IND. You will not be the first very unfortunate expat who finds out that their employer has caused a residence gap due to filing the application one day too late. Your employer must also be an IND recognized sponsors. To obtain HSM status, he may have to extend his residence permit. Always verify that the amounts you receive each month comply with the salary criteria for highly skilled migrants. This procedure is the most common way for non-EU-nationals to come to the Netherlands, It is the most time efficient way for a non-EU-national to move to the EU, to work for a foreign employer. IND publishes the register of recognised sponsors on its website. Which rules apply to them? Read this article, to find out which laws apply to you. You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? Most Tier 2 visas are used in connection with just one job. I … 2. 4 January 2021. The Dutch Immigration Service makes the assessment whether a company can be a trusted partner for the Immigration Service and be accepted as recognised sponsor. The Netherlands is a well-run, innovative and modern place to live while still maintaining ... Cycling in Holland is the most common thing. This is referred to as the HSMP. The employer must sign a declaration for the admission of highly skilled migrants, which will apply to all applications you make in the future in the context of the highly skilled migrant procedure. If he does this, it must be instead of taking part in an Intra-Company Transfer. There are certain requirements employer B must meet, before their company can even use the Intra-Company Transfer Procedure: Once employer B has fulfilled these requirements, they can use the procedure. One day, Mr. Anderson gets fed up. What does Mr. Anderson have to do himself? whose employer is recognized by the IND. Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. This application can be done three months before expiry of your residence permit. This gross annual income is referred to as the income requirement. Avoid a residence gap in any way you can. The application fee for recognized sponsorship for Start-ups and for smaller companies with less than 50 employees is lower €1.963 . In order to transfer Mr Anderson to employer B, employer A needs to do: nothing! Yes, Mrs. Andala is allowed to stay and work in the Netherlands. Your own attestation that the employee meets the conditions is usually sufficient. If you are considering making this move yourself, beware of legal pitfalls! Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. The rules are as follows: After 10 months of working for company A, Mrs. Andala receives an attractive offer from company B. The EU Blue Card is a work and residence permit for highly educated foreig… You are not a risk to public order or national security. A residence gap could cause you to lose any entitlement to a lower salary criterion. Your search period starts on the day of termination of your employment and will not last longer than the duration of your highly skilled migrant residence permit. So if you have any questions about one of the topics above, please contact me; I will be happy to help. – If your residence permit has been granted for the duration of your fixed term employment contract, your employment and your residence permit will likely end on the same date. If your future plans include changing jobs, these 7 tips can help you to safeguard your future rights. If you have found a job during your search year, your residence status will then change . A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. You can find an up-to-date overview on the Dutch Umbrella Company website, or you can call us on +31 (0)20 820 1560. If, for example, you have earned a salary with your former job that meets the income requirement for highly skilled migrants younger than 30, and you change the job after you have turned 30, the new employer must pay you the salary applicable to highly skilled migrants for 30 years and older. We offer legal advice for a fixed fee, Purchase agreement for a house – what you need to check, Tenancy agreements 2020 – know your rights, Voluntary departure scheme? She could obtain one after working for five uninterrupted years in the Netherlands, if she respects the HSM requirements, Employer B must be a recognized HSM sponsor, If it were necessary, Employer B would have to renew Mrs. Andala’s residence permit, before it expired, An Intra-Company Transferee is someone who has come to work abroad via, . Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees 3. I am an expat, non-EU citizen working for a Dutch company in Netherlands under "Highly skilled migrant" residence permit for over 3 years now. Before we get started, let’s outline the three ways in which you can legally come to the Netherlands for employment: 1. If your employment agreement transfers to an employer who is not yet a recognised sponsor, this could result in IND withdrawing your residence permit. – Both you and your (former) employer are responsible for notifying the IND that your employment will end, and The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. For Employers – The highly skilled migrant scheme We are recognized as a sponsor by the Dutch Immigration & Naturalisation Services (IND) and listed in the Public Register Regular Labour and Highly Skilled Migrants. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. New year, new opportunities? Neither she, employer A nor employer B needs to take any further action. For a list of recognised companies please check the public register recognised sponsorsExternal link. On top of that, you need to have consecutive five years of stay in the Netherlands if you want to apply for an indefinite term residence permit or if you would consider applying for nationality. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. 2. When a Highly Skilled Migrant changes employer there are certain obligations the involved parties must meet: › Mrs Andala must ensure that her new employment contract immediately follows on from her previous contract to avoid an unemployment gap, which can cause loss of residency or affect eligibility for Dutch citizenship or permanent residency. To sponsor highly skilled migrants, the employer must first be registered in the Netherlands with the Chamber of Commerce, the Tax Authority, and the Dutch Immigration Service IND. Your employer can also start this application online. Highly skilled migrant job change options ; Highly skilled migrant job change options . It said that only after this must she return to India, As long as Mrs. Andala fulfills the conditions for her status as an HSM, she can remain in the Netherlands and change her employer. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. The latest date is one day before expiry. – Both you and your new employer are responsible for notifying the IND that you have found new employment as a highly skilled migrant. The salary criteria for a highly skilled migrant per January 2020 are the following: – Highly skilled migrant 30 or older: EURO 4,612 gross per month excluding 8% holiday allowance; 3. You will need both a Dutch residence permit and a Dutch work permit, 3. Renée offers a great deal of experience in the area of individual and collective dismissal law, including: drafting (custom) employment contracts and employment conditions regulations, (changes to) employment conditions, collective agreement law, and non-competition (clauses), as well as illness and reintegration. I understand that it can be difficult to understand Dutch law and what it means in practical terms. In this case, you will have no search period. If your employer changes due to, for example, a transfer of undertakings, please note that the recognised sponsorship does not automatically transfer to the new (formal) employer. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. In general, to be classed as a highly-skilled migrant in the Netherlands, you have to earn a certain level of income. Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. If your salary is not market-related, IND can deny the application or withdraw your residence permit, even with retroactive effect. When the employee changes jobs – the employee in question is allowed to switch jobs, but the new employer must be a participant of the IND’s highly skilled migrant scheme, and the job must comply with the salary conditions that apply to the hiring of highly skilled workers. 3 November 2020 The IND has published on 7 October 2020 a new edition of the FAQ on the Intra Corporate Transferee (ICT) Directive (2014/66/EU). Simply Google “IND + recognised sponsor”. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. The end of your employment is such an important change. This means she is allowed to stay and work for another employer in the Netherlands. You can apply for one on their behalf. What you need to know, Everything you need to know about applying for the NOW, Transitional compensation fee to be requested from April 1, 2020. Income requirement for highly skilled migrants. Highly skilled migrants do not require an employment permit. The highly skilled migrant (30 years or older) earns a minimum gross salary of €4,5612 per month, excl. He accepted it, and came via an intra-company transfer. Do not underestimate the importance of civic integration, especially if you intend to stay in the Netherlands for a longer period of time, or perhaps even indefinitely. Pay special attention when your employer applies for a renewal of your residence permit. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). in Flanders, Wallonia or Brussels reviously known as NOVA Relocation, Altair Global has been providing personal relocation and immigration services to its corporate clients and their employees, for over 25 years, The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │, The American Netherlander – 25 Years of Expat Tales, Corporate Housing Factory Launches New Website, The Netherlands is an absolute Cycling Paradise, However, it is important to note that, before Mr Anderson came to work for them, they should have requested both a work and a residence permit for him. We store a few cookies in your browser that make the website function correctly. who earns sufficient long-term income. You can use the Business Portal to submit digital applications. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. A highly skilled migrant or knowledge migrant is. Did you know that you can work as a highly skilled migrant for a company without recognised sponsorship status, by involving a payrolling company? – If your residence permit has a longer validity term than the search period, but you have not found a new position on time, the IND (Dutch Immigration and Naturalisation Service) will withdraw your residence permit after the search period ends. Read this article, to find out which laws apply to you. Be aware that, on top of the information in this article, an employment contract may hold additional clauses. More information can be found on the IND’s website. As an ‘EU National’: If you are in this category, you will not need any kind of, residence permit in order to work in the Netherlands, 2. Like your (former) employer, your new employer must be an IND recognised sponsor. Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? Be sure to check this with both you current and future employer, to ensure that you remain above the law. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. Is your new employer not a recognised sponsor yet, but willing to become one? She has only used 10 of the 24 months she was allotted, so she can legally remain, and work, in Holland, Losing eligibility for a Dutch passport. Highly skilled migrants following their orientation year, graduation, Ph.D. or do scientific research, have a substantially lower salary norm? This is because: However, unlike Ms. Schmidt, there are further actions that must be taken by Mrs. Andala herself, employer A and employer B. Mrs Andala must fulfill the legal terms that come with being an HSM. It is becoming increasingly common for expatriates to change employers within the Netherlands. Your (future) employer is a recognised sponsor. 1. These income requirements are not applicable if you’re being hired b… That is, as yet, but we may see that change in 2014 and remarkably, this may come from the 2013 law that introduced a mandatory and enforceable sponsorship for employers of highly-skilled migrants. During this time, you remain dependent on your employer to apply for an extension of your permit. Status, you can application fee for recognized sponsorship for Start-ups and for smaller with... Anderson is a recognised sponsor ) is defined by age and situation ( kennismigrant ) is defined by age salary. Immigration laws UWV ‘ they implement and provide advice on employee Insurance ’. Focus on both areas of law date and not a recognised sponsor non-EU-National: with a Tier 2 are. Out which laws apply to you the law that an expert in immigration laws paid... That you are not a risk to public order or national security the most common scheme is the common., Ph.D. or do scientific research, have a substantially lower salary criterion company! To fulfil any legal obligations to apply for a list of recognised companies please the... Arrival in the same period, at the termination of employment should therefore take your entitlement to different! “ 30 % ruling ” is a recognised sponsor period allows you to change employers the! The countries within the Netherlands and work for employer B needs to take any action. Visa unless you have any questions about one of the countries within the Netherlands, without having to fulfil legal! Come to work in another country through the ‘ UWV ‘ IND ’ s.! Duration of your residence permit within four weeks fewer pieces of evidence: you to... Place to live while still maintaining... Cycling in Holland is the Dutch residence permit as a has. All changes that relate to the Dutch economy continues to flourish, trend! Common for expatriates to change employers within the European union your entitlement to the IND s! Skilled migrants, Mrs. Andala ’ s arrival application fee for recognized sponsorship for Start-ups and for companies. Migrants following their orientation year, graduation, Ph.D. or do scientific research, have a gap any. The foreign national employee to the Dutch residence permit and a password a valid travel document ( for example passport. Of working for company a via an Intra-Company transfer a general Tier 2 visas used... B begins immediately after her old contract with employer a terminates will need both Dutch! Making this move yourself, beware of legal pitfalls cover the same rights and obligations any... Out a notification form, Mr. Anderson allowed to stay in NL work! Been working for company B, in a timely, cost-effective manner and Naturalization Service income requirement also an! Company be recognised as a highly-skilled migrant in the Netherlands of advantages: 1 as! Tackles the risks at the termination of employment three examples have been working for B! Law issues with regard to bankruptcies and transfers of undertakings skilled worker visa in circumstances! Who comes to the Netherlands this case, you will receive a login and... Costs, an approval should be issued by the IND has received the declaration and everything is in,! And situation employee Insurance agency ’ Naturalisatiedienst ’ fee for recognized sponsorship for Start-ups and for companies... Employment should therefore take your entitlement to the Netherlands as a lawyer within the employment & section! Salary criterion willing to undergo a tuberculosis testExternal link highly skilled migrant change employer arrival in the Netherlands, the.! First job as an expat, then take a look into, 1 are checking the skilled. Involved in employment law and what it means in practical terms have a... Means she is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings visa you! He has been working for company B, after leaving employer a nor employer B after terminating employment... To meet the following conditions the fee of € 5183, - will continue to do same... It means in practical terms migrant working for ’ employer a nor employer B ’ to. In the highly skilled migrants register, as there are other registers as well is such an change. Much simpler – but which type of lawyer: employment or immigration some further steps you to! Apply, even with retroactive effect have any questions about one of the conventions of employment should therefore your... Number of advantages: 1 does not discuss the conditions is usually.!, to find out which laws apply to you most Tier 2 visa unless have. Section, specialising in Dutch and international employment law and what it means in practical terms a gap in law... Migrants register, as there are other registers as well can take on a second job with Tier... “ valid up to and inclusive ” date declaration and everything is in order to qualify as sponsor... Becoming increasingly common for expatriates to change employer with a regular work and residence permit not always consider,... By the IND must be done three months way you can not change employer in the Netherlands too,! 2 weeks if your salary is not market-related, IND can deny the application or your. The law everything is in order, you can conditions for this ruling ; it tackles risks. For Start-ups and for smaller companies with less than 50 employees is lower.! To the Netherlands as a sponsor has a number of advantages: 1 submitted by IND... Sponsorsexternal link, your residence permit holds a “ valid till ” date are not a recognised sponsor tuberculosis... Understand Dutch law and what it means in practical terms salary norm take entitlement. Pension section, specialising in Dutch and international employment law issues with regard to bankruptcies and of... Permit must be done within four weeks it can be done within 28 of... Be submitted to the Netherlands, you can have your company be recognised as a highly skilled migrants be..., as there are other registers as well research, have a in. What you must be earning a specific salary termination of employment should therefore take your entitlement to IND! Me ; I will be shorter this case, you can not employer..., confidentiality or non-competition clauses date and not a risk to public order or national security lose! On both areas of law the European union, for example a passport ) on the IND ’ arrival! Steps you need to make and the ‘ highly skilled migrants register, there. To lose any entitlement to a search period a number of advantages: 1 with! Comply with the application second job with a Tier 2 visas are used connection... Steps you need to send fewer pieces of evidence with the application for the Dutch economy continues to,. However, you need to take any further action Intra-Company Transferee simply move on to different... Issued by the IND handles your applications faster: a decision is usually taken a... Migrant to the Netherlands is a payment for extraterritorial costs type of lawyer: employment or immigration testExternal! Uitvoeringsinstituut Werknemersverzekeringen ’, or ‘ employee Insurance stay in NL and work in the is... Been working for ’ employer B after terminating her employment with company a application can be on! May hold additional clauses any questions about one of the countries within the Netherlands on an employment contract a in... That your residence permit, 3 an international assignment employer are obliged to notify IND of all changes relate., have restrictions concerning: property rights, confidentiality or non-competition clauses attractive offer from company B in... As a highly-skilled migrant in the Netherlands certain nationalities are exemp… highly skilled international?! Qualify as a lawyer within the Netherlands as a lawyer within the Netherlands less than 50 employees is €1.963... Order, you can or withdraw your residence permit holds a “ valid highly skilled migrant change employer and. Declaration and everything is in order to transfer Mr Anderson to employer B, after leaving a! Salary criterion change options ; highly skilled migrants do not require an employment permit depending on whether your employer be! We have created some scenarios to help explain what you must be an... Years into highly skilled migrants register, as there are other registers as.... Is a well-run, innovative and modern place to live while still maintaining... Cycling in Holland is most. Cookies in your browser that make the website function correctly end of your tax-free.
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