To employ a highly skilled migrant, you must meet the following 3 … In this case, you will have no search period. In general, to be classed as a highly-skilled migrant in the Netherlands, you have to earn a certain level of income. When you wish to stay in the Netherlands as a highly skilled migrant, you have to meet the following conditions. Pay special attention when your employer applies for a renewal of your residence permit. © Copyright 2019 GMW lawyers | All Rights Reserved, Top 10 points in a Dutch employment contract, Stepparents, pay attention: these are your duties, Booking.com employee facing termination? 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. It is the Dutch immigration department. 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. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. 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 considering making this move yourself, beware of legal pitfalls! People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. Always verify that the amounts you receive each month comply with the salary criteria for highly skilled migrants. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘Highly Skilled Migrant Procedure‘. Recognition as a sponsor has a number of advantages: 1. 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. A highly skilled migrant or knowledge migrant is. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? Read this article, to find out which laws apply to you. 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. 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. A highly skilled migrant (also called a knowledge migrant or kennismigrant) is defined by age and salary. 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? 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. In order to qualify for HSM status, you must be earning a specific salary. If your salary is not market-related, IND can deny the application or withdraw your residence permit, even with retroactive effect. However, depending on where you are from, there might be some further steps you need to take. continues to flourish, a trend is starting to develop. Unemployment benefits (WW) Netherlands Both of these permits should cover the same period, at the same time. 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. Yes, Mrs. Andala is allowed to stay and work in the Netherlands. Salary requirements depend on your age. 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. Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? Now, they wish to change to ’employer B’. Mr. Anderson received an offer to come to the Netherlands on an international assignment. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. The application for the Dutch residence permit must be submitted by the foreign national employee to the Dutch Immigration and Naturalization Service. As a highly skilled migrant, you are entitled to a search period of (maximum) three months. How do I hire a highly skilled international employee? Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. If he does this, it must be instead of taking part in an Intra-Company Transfer. Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the Highly Skilled Migrant. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. How high it needs to be depends on your age and situation. 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. I understand that it can be difficult to understand Dutch law and what it means in practical terms. The latest date is one day before expiry. One day, Mr. Anderson gets fed up. It is becoming increasingly common for expatriates to change employers within the Netherlands. We store a few cookies in your browser that make the website function correctly. These could make it more complicated for you to change employer in the Netherlands. IND stands for: ‘Immigratie- en Naturalisatiedienst’. This means that she is required to never have a gap in employment. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. 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 have yet to secure your first job as an expat, then take a look into how to apply for a job in the Netherlands. whose employer is recognized by the IND. Exceptions to the income threshold. What does Mr. Anderson have to do himself? If your employment agreement transfers to an employer who is not yet a recognised sponsor, this could result in IND withdrawing your residence permit. 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. We have created some scenarios to help explain what you must do. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. – Both you and your (former) employer are responsible for notifying the IND that your employment will end, and 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. who earns sufficient long-term income. – 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. Your employer can also start this application online. The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. Neither she, employer A nor employer B needs to take any further action. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. 8% holiday allowance [2020]; The employer … Your own attestation that the employee meets the conditions is usually sufficient. 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. Many companies choose to register as recognized HSMP sponsors. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees The EU Blue Card is a work and residence permit for highly educated foreig… It outlines what kind of arrangements you need to make and the options available. This may apply, even if you continue to do the same work in the same place. These notifications to the IND must be done within four weeks. Be sure to check this with both you current and future employer, to ensure that you remain above the law. Graduates who find permanent employment as a Highly-Skilled Migrant within a year will be eligible for a residence permit. 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. 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. The employees in all three examples have been working for ’employer A’ in the Netherlands. 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. As the Dutch economy continues to flourish, a trend is starting to develop. Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. Which rules apply to them? This factsheet contains information for employers wishing to hire international employees. 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. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. This is referred to as the HSMP. Do not delay; you may regret it. 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. 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; 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. You are an EU national if you are a citizen of one of the countries within the European union. 4. Ms. Schmidt is German. 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. 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. A residence gap could cause you to lose any entitlement to a lower salary criterion. This takes approximately 5 … To come to work in another country through the ‘ highly skilled migrant ( also a... Anderson received an offer to come to work in another country through the UWV. 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