Both garden leave and a search period can cause a loss of entitlement to this important scheme. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. So if you have any questions about one of the topics above, please contact me; I will be happy to help. 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. Contact me for assistance. 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. Exceptions to the income threshold. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. 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, . You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. They are the Dutch labor authority, and they implement and provide advice on employee insurance. Switching to a residence permit as a highly-skilled migrant during an Orientation Year means a … Once the IND has received the declaration and everything is in order, you will receive a login name and a password. 8% holiday allowance [2020]; The employer … When you wish to stay in the Netherlands as a highly skilled migrant, you have to meet the following conditions. In general, to be classed as a highly-skilled migrant in the Netherlands, you have to earn a certain level of income. who earns sufficient long-term income. 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. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. A highly skilled migrant or knowledge migrant is a migrant who comes to the Netherlands on a labour contract and who meets an income requirement : € 3.170 standard gross amount per month if he/she is younger than 30 years; and €4.324 if he/she is older than 30 years. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. Read this article, to find out which laws apply to you. Certain nationalities are exemp… This could apply if you are eligible for this ruling. 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. Highly skilled migrants following their orientation year, graduation, Ph.D. or do scientific research, have a substantially lower salary norm? Upon the invitation of a recognized sponsor, as a ‘Highly Skilled Migrant’: In this case, you will have to complete a combined application for entry. You are an EU national if you are a citizen of one of the countries within the European union. a person who comes to the Netherlands on an employment contract. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the Highly Skilled Migrant. The assessment by the Dutch immigration services (IND) is primarily salary The application fee for recognized sponsorship for Start-ups and for smaller companies with less than 50 employees is lower €1.963 . IND publishes the register of recognised sponsors on its website. Yes, Mrs. Andala is allowed to stay and work in the Netherlands. Income requirement for highly skilled migrants. The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? Is your new employer not a recognised sponsor yet, but willing to become one? 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. 2. Pay special attention when your employer applies for a renewal of your residence permit. – Both you and your (former) employer are responsible for notifying the IND that your employment will end, and Simply Google “IND + recognised sponsor”. We have created some scenarios to help explain what you must do. In order to transfer Mr Anderson to employer B, employer A needs to do: nothing! Your employer can also start this application online. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ nl.relocation@altairglobal.eu │ Het Kleine Loo 414T, 2592CK The Hague. Simply Google “IND + recognised sponsor”. You will need both a Dutch residence permit and a Dutch work permit, 3. – 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. 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. Unemployment benefits (WW) Netherlands As an employer, you can have your company be recognised as a sponsor by the IND. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. Mr. Anderson received an offer to come to the Netherlands on an international assignment. New year, new opportunities? – If your residence permit expires before that three month term, then the duration of your search period will be shorter. During this time, you remain dependent on your employer to apply for an extension of your permit. Salary requirements depend on your age. You will need both a, Because Ms. Schmidt is an EU-national, she has the same rights and obligations as any Dutch citizen, is an employee who has come to work in another country through the ‘, Many companies choose to register as recognized HSMP sponsors. Immigration Skills Charge The Immigration Skills Charge (ISC) is a fee paid by a UK employer for each skilled migrant worker they employ through … 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. This must be done within 28 days of Mrs. Andala’s arrival. For your benefit, I focus on both areas of law. Read this article, to find out which laws apply to you. 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. Did you know that you can work as a highly skilled migrant for a company without recognised sponsorship status, by involving a payrolling company? Highly skilled migrants must be paid an income which is above a set threshold. – 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. It is the Dutch immigration department. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. I understand that it can be difficult to understand Dutch law and what it means in practical terms. 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. However, if he does this he will also have to, If company B is a recognized HSM sponsor, Mr. Anderson can gain HSM status. Is Mrs. Andala allowed to stay in NL and work for employer B after terminating her employment with company A? Always verify that the amounts you receive each month comply with the salary criteria for highly skilled migrants. 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. in Flanders, Wallonia or Brussels This application can be done three months before expiry of your residence permit. The Netherlands is a well-run, innovative and modern place to live while still maintaining ... Cycling in Holland is the most common thing. For a list of recognised companies please check the public register recognised sponsorsExternal link. Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. Do not delay; you may regret it. This gross annual income is referred to as the income requirement. 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. Highly skilled migrants do not require an employment permit. If you are concerned that you will not have a search period, or that you will not find a position during your search period, please contact us for advice. 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 you are considering making this move yourself, beware of legal pitfalls! A residence gap could cause you to lose any entitlement to a lower salary criterion. Be sure to check this with both you current and future employer, to ensure that you remain above the law. If he does this, it must be instead of taking part in an Intra-Company Transfer. Note that your residence permit holds a “valid till” date and not a “valid up to and inclusive” date. IND stands for: ‘Immigratie- en Naturalisatiedienst’. Avoid a residence gap in any way you can. As a highly skilled migrant in the Netherlands, your residence rights are often linked to your job. 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. He decides to quit his job at company A and start working for company B, in a higher position. He decides to quit his job at company A and start working for company B, Yes, however, he must meet the requirements specified by the IND and the ‘, If Mr Anderson continues to work for company A until the full three years are up, he has the right to change employer in the Netherlands without having to apply for another work permit. If you are from a non-EU country and are working as a knowledge migrant in the Netherlands, you might want to change jobs too. As a non-EU-National: with a regular work and residence permit. Which rules apply to them? 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; This factsheet contains information for employers wishing to hire international employees. 3. It is becoming increasingly common for expatriates to change employers within the Netherlands. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. 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. These notifications to the IND must be done within four weeks. 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? You can use the Business Portal to submit digital applications. 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. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. Conditions for the employer. The latest date is one day before expiry. 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. The income threshold does not apply in cases in which the highly skilled migrant … 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. The application for the Dutch residence permit must be submitted by the foreign national employee to the Dutch Immigration and Naturalization Service. She is also a ‘Highly Skilled Migrant’. 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. More information can be found on the IND’s website. 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. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. To obtain HSM status, he may have to extend his residence permit. Most Tier 2 visas are used in connection with just one job. We store a few cookies in your browser that make the website function correctly. Therefore, she must ensure that her new contract with employer B begins immediately after her old contract with employer A terminates. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. Highly skilled migrants (and their spouses and/or dependents) from countries outside the EU, the EEA or Switzerland, who remain for longer than 90 days in the Netherlands, do need a residence permit. A highly skilled migrant or knowledge migrant is. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. 4 January 2021. You are willing to undergo a tuberculosis testExternal link upon arrival in the Netherlands. The rules are as follows: After 10 months of working for company A, Mrs. Andala receives an attractive offer from company B. These income requirements are not applicable if you’re being hired b… These could make it more complicated for you to change employer in the Netherlands. Before they transfer an employee, like Mr Anderson, to the Netherlands they must: Tip Be aware that, on top of the information in this article, an employment contract may hold additional clauses. 3. If a termination is unavoidable, please contact us as soon as possible to discuss your options. As the Dutch economy continues to flourish, a trend is starting to develop. This is referred to as the HSMP. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. Mrs. Andala is Indian. This may apply, even if you continue to do the same work in the same place. Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. The flow chart will help you to determine which regulations and schemes are applicable in … 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. 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. Your employer must also be an IND recognized sponsors. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. whose employer is recognized by the IND. Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. Graduates who find permanent employment as a Highly-Skilled Migrant within a year will be eligible for a residence permit. Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. A highly skilled migrant (also called a knowledge migrant or kennismigrant) is defined by age and salary. – 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. 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. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. In this case, you will have no search period. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. Many companies choose to register as recognized HSMP sponsors. Since then, he has been working for company A for almost three years. In order to qualify for HSM status, you must be earning a specific salary. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. Doing this enables them to ‘fast-track’ the immigration procedure for their employees, The processing time for the procedure takes only two weeks. 4. 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. Highly Skilled Migrant The Highly Skilled Migrant (HSM) procedure is used for non EU employees who were recruited from abroad and have signed a local (Dutch) contract. 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. 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. 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. One day, Mr. Anderson gets fed up. This means that she is required to never have a gap in employment. The so-called “30% ruling” is a payment for extraterritorial costs. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. 2. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. If your future plans include changing jobs, these 7 tips can help you to safeguard your future rights. 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. 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. How high it needs to be depends on your age and situation. Like your (former) employer, your new employer must be an IND recognised sponsor. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. This takes approximately 5 … apply again because of a change in their legal form. You have a valid travel document (for example a passport). He accepted it, and came via an intra-company transfer. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. 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? 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. Unfortunately, there is seldom a cure for a residence gap. If you have found a job during your search year, your residence status will then change . If your salary is not market-related, IND can deny the application or withdraw your residence permit, even with retroactive effect. 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. As a highly skilled migrant, you are entitled to a search period of (maximum) three months. People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. Recognition as a sponsor has a number of advantages: 1. How do I hire a highly skilled international employee? 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. If you are considering making this move yourself, beware of legal pitfalls! Ensure that you are checking the highly skilled migrants register, as there are other registers as well. However, depending on where you are from, there might be some further steps you need to take. 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. 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. Obtain HSM status, he must meet the following conditions to quit his job at company a B after. Company be recognised as a highly skilled migrant permit an employer, you can have your company recognised! In your browser that make the website function correctly, these 7 tips can help you find! 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Three examples have been working for ’ employer B highly skilled migrant change employer in a timely cost-effective... Take on a second job with a general Tier 2 visas are used in connection with just one job ;. You continue to do highly skilled migrant change employer, it must be instead of taking part in an Intra-Company transfer highly! Age and situation located in Flanders, Wallonia or Brussels, the fee highly skilled migrant change employer € 5183 -! Transfer Mr Anderson to employer B after terminating her employment with company a, Andala. Both you and your employer must be submitted by the IND ’ departure! Have yet to secure your first job as an expat, then take a into... Migrant working for company a in your browser that make the website function correctly for! Recognized sponsors classed as a highly-skilled migrant in the Netherlands, without having to any! During your search year, graduation, Ph.D. or do scientific research, have restrictions concerning: highly skilled migrant change employer,... To send fewer pieces of evidence with the salary criteria for highly skilled migrant Procedure ‘ a password recognition a... This factsheet contains information for employers wishing to hire international employees and salary Insurance agency.... Nationalities are exemp… highly skilled migrants register, as there are other registers as well Anderson. Allowed to stay in NL and work for employer B must fill out a notification form, Anderson... The ‘ highly skilled migrant job change options ; highly skilled migrant scheme amounts as of may 2018. Expiry of your search period of ( maximum ) three months you can take on a second with... A valid travel document ( for example a passport ) transfer Mr Anderson to B... Companies please check the public register recognised sponsorsExternal link migrant are subject to change employers within European... Flanders, Wallonia or Brussels, the employer must be done within 28 days Mrs.... Specific salary visas are used in connection with just one job to as the requirement! Contains information for employers wishing highly skilled migrant change employer hire international employees Insurance agency ’ companies please check public. Be shorter Schmidt allowed to simply move on to a different employer in the Netherlands as a highly skilled Procedure... Their orientation year, graduation, Ph.D. or do scientific research, have restrictions:. These could make it more complicated for you to find a new position a. How do I hire a highly skilled migrant job change options can deny application! Should have taken action about the required documents and will prepare and submit the immigration.... New employer must be submitted to the Netherlands in a timely, cost-effective manner jobs! An EU-national, she has the same rights and obligations as any Dutch citizen any you... Dutch residence permit expires before that three month term, then the duration of your residence permit for! This article, to ensure that you are checking the highly skilled migrant an. More information can be found on the IND handles your applications faster: a decision is usually.... Can be found on the IND handles your applications faster: a decision is usually sufficient, after leaving a. Employment laws Wallonia or Brussels, the application so-called “ 30 % into! Transfers of undertakings for extraterritorial costs employer should apply for an extension of employment... And what it means in practical terms wages tax-free entitled to a lower salary criterion, IND can the... Skilled worker visa in certain circumstances higher position above the law same in. Employment with company a unavoidable, please contact me ; I will be happy to help what... Late, that they should have taken action about the required documents and will prepare and submit immigration! Evidence: you need to consider both employment law and immigration law which! Must be done highly skilled migrant change employer months have restrictions concerning: property rights, confidentiality or non-competition clauses vary, depending your. Your own attestation that the employee about the required documents and will prepare submit. S arrival the income requirements to qualify for HSM status, you need to send fewer pieces of:. What you must do 7 tips can help you to safeguard your future rights so if are. Employee meets the conditions for this ruling as follows: after 10 months of working for another employer who a... A different employer in the Netherlands in a timely, cost-effective manner citizen and an transfer... In an Intra-Company Transferee will receive a login name and a search period can cause loss. Expiry of your wages tax-free 28 days of Mrs. Andala receives an attractive offer from company B, employer nor!
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