These income requirements are not applicable if you’re being hired b… 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. 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. Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. Switching to a residence permit as a highly-skilled migrant during an Orientation Year means a … I … The end of your employment is such an important change. If you truly want to sample Dutch life, and zip around quickly and easily, buy ... Dutch public transportation companies provide frequent services on buses, trams and trains all over the ... Sign up now to receive English-language information on the Netherlands in your inbox. These could make it more complicated for you to change employer in the Netherlands. 8% holiday allowance [2020]; The employer … – 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. 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. 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. It is the Dutch immigration department. 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? 1. Mrs. Andala is Indian. – 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. One day, Mr. Anderson gets fed up. As an expat, you need to consider both employment law and immigration law, which makes it more complicated. This may apply, even if you continue to do the same work in the same place. Both of these permits should cover the same period, at the same time. Now, they wish to change to ’employer B’. We store a few cookies in your browser that make the website function correctly. 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, . People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. After this time, an approval should be issued by the, . So if you have any questions about one of the topics above, please contact me; I will be happy to help. A residence gap could cause you to lose any entitlement to a lower salary criterion. – 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. 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 is referred to as the HSMP. How do I hire a highly skilled international employee? A highly skilled migrant or knowledge migrant is. 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. Unemployment benefits (WW) Netherlands in Flanders, Wallonia or Brussels If your employment agreement transfers to an employer who is not yet a recognised sponsor, this could result in IND withdrawing your residence permit. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). 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. This means she is allowed to stay and work for another employer in the Netherlands. Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? Highly skilled migrants must be paid an income which is above a set threshold. Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. For your benefit, I focus on both areas of law. Highly skilled migrant job change options ; Highly skilled migrant job change options . IND stands for: ‘Immigratie- en Naturalisatiedienst’. 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. The income threshold does not apply in cases in which the highly skilled migrant … The Netherlands is a well-run, innovative and modern place to live while still maintaining ... Cycling in Holland is the most common thing. This application can be done three months before expiry of your residence permit. The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. 3. – Both you and your (former) employer are responsible for notifying the IND that your employment will end, and What does Mr. Anderson have to do himself? 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. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. In order to qualify for HSM status, you must be earning a specific salary. You have a valid travel document (for example a passport). 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. See privacy statement for more info. If you have found a job during your search year, your residence status will then change . Like your (former) employer, your new employer must be an IND recognised sponsor. Most Tier 2 visas are used in connection with just one job. GMW advocaten takes your privacy seriously. The application fee for recognized sponsorship for Start-ups and for smaller companies with less than 50 employees is lower €1.963 . The highly skilled migrant (30 years or older) earns a minimum gross salary of €4,5612 per month, excl. Do not delay; you may regret it. Yes, Mrs. Andala is allowed to stay and work in the Netherlands. If he does this, it must be instead of taking part in an Intra-Company Transfer. 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. – Both you and your new employer are responsible for notifying the IND that you have found new employment as a highly skilled migrant. If you are considering making this move yourself, beware of legal pitfalls! As the Dutch economy continues to flourish, a trend is starting to develop. Mr. Anderson received an offer to come to the Netherlands on an international assignment. In this case, you will have no search period. Highly skilled migrants do not require an employment permit. 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? 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. The flow chart will help you to determine which regulations and schemes are applicable in … 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. How high it needs to be depends on your age and situation. This factsheet contains information for employers wishing to hire international employees. The so-called “30% ruling” is a payment for extraterritorial costs. 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. 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 application must be submitted by your employer. 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. 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. However, if he does this he will also have to, If company B is a recognized HSM sponsor, Mr. Anderson can gain HSM status. 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. 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. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. Pay special attention when your employer applies for a renewal of your residence permit. IND publishes the register of recognised sponsors on its website. When you wish to stay in the Netherlands as a highly skilled migrant, you have to meet the following conditions. For a list of recognised companies please check the public register recognised sponsorsExternal link. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. 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. For all other companies, the fee of € 5183,- will continue to apply apart from annual indexations. 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. Both garden leave and a search period can cause a loss of entitlement to this important scheme. 4 January 2021. More information can be found on the IND’s website. 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. Neither she, employer A nor employer B needs to take any further action. To employ a highly skilled migrant, you must meet the following 3 … If you have yet to secure your first job as an expat, then take a look into, 1. 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. continues to flourish, a trend is starting to develop. 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. As an employer, you can have your company be recognised as a sponsor by the IND. 4. Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees 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 a termination is unavoidable, please contact us as soon as possible to discuss your options. 2. 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. The employees in all three examples have been working for ’employer A’ in the Netherlands. 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. This is referred to as the HSMP. 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. 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. Highly skilled migrants following their orientation year, graduation, Ph.D. or do scientific research, have a substantially lower salary norm? Application for the purpose of residence of ‘highly skilled migrant’ 7511 Your employer recognised as sponsor uses this form to start your application. © 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? Simply Google “IND + recognised sponsor”. She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. The latest date is one day before expiry. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. This could apply if you are eligible for this ruling. He decides to quit his job at company A and start working for company B, in a higher position. Graduates who find permanent employment as a Highly-Skilled Migrant within a year will be eligible for a residence permit. You may be allowed to simply move on to a different employer in the Netherlands, without having to fulfil any legal obligations. Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. 2. Income requirement for highly skilled migrants. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. 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. This gross annual income is referred to as the income requirement. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ nl.relocation@altairglobal.eu │ Het Kleine Loo 414T, 2592CK The Hague. Your employer may, for example, have restrictions concerning: property rights, confidentiality or non-competition clauses. Since then, he has been working for company A for almost three years. 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. The arrangements that you and your employer make about termination of employment should therefore take your entitlement to the 30% ruling into account. Ms. Schmidt is German. These notifications to the IND must be done within four weeks. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. If you are considering making this move yourself, beware of legal pitfalls! 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. Be sure to check this with both you current and future employer, to ensure that you remain above the law. Your employer can also start this application online. You are not a risk to public order or national security. Be aware that, on top of the information in this article, an employment contract may hold additional clauses. 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. Before we get started, let’s outline the three ways in which you can legally come to the Netherlands for employment: 1. Salary requirements depend on your age. 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. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. Ensure that you are checking the highly skilled migrants register, as there are other registers as well. Your (future) employer is a recognised sponsor. who earns sufficient long-term income. This blog does not discuss the conditions for this ruling; it tackles the risks at the termination of employment. 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. Which rules apply to them? It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. It outlines what kind of arrangements you need to make and the options available. Recognition as a sponsor has a number of advantages: 1. You can apply for one on their behalf. Immigration Skills Charge The Immigration Skills Charge (ISC) is a fee paid by a UK employer for each skilled migrant worker they employ through … You can, but it is more involved! 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. It is becoming increasingly common for expatriates to change employers within the Netherlands. 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. a person who comes to the Netherlands on an employment contract. As a highly skilled migrant, you are entitled to a search period of (maximum) three months. 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. 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. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. 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). 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 your future plans include changing jobs, these 7 tips can help you to safeguard your future rights. New year, new opportunities? We have created some scenarios to help explain what you must do. 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. 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. Therefore, she is an ‘EU-National’. The IND can check every payment that your employer makes to you, and if the amounts are insufficient, this can pose a threat to your residence permit. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. 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. However, depending on where you are from, there might be some further steps you need to take. Read this article, to find out which laws apply to you. It is becoming increasingly common for expatriates to change employers within the Netherlands. 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. Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the Highly Skilled Migrant. Simply Google “IND + recognised sponsor”. Read this article, to find out which laws apply to you. During this time, you remain dependent on your employer to apply for an extension of your permit. Your own attestation that the employee meets the conditions is usually sufficient. This takes approximately 5 … 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. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. You are an EU national if you are a citizen of one of the countries within the European union. To obtain HSM status, he may have to extend his residence permit. 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. Note that your residence permit holds a “valid till” date and not a “valid up to and inclusive” date. This must be done within 28 days of Mrs. Andala’s departure. 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. 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. They are the Dutch labor authority, and they implement and provide advice on employee insurance. 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. She is also a ‘Highly Skilled Migrant’. whose employer is recognized by the IND. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. You can use the Business Portal to submit digital applications. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. He accepted it, and came via an intra-company transfer. This must be done within 28 days of Mrs. Andala’s arrival. I want to change my job, but the company is US based and of course not "recognised sponsor", which is required for my residence permit. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. As a non-EU-National: with a regular work and residence permit. You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. Connection with just one job because Ms. Schmidt is an EU-national, she has the same in. Recognized HSMP sponsors, or ‘ employee Insurance to hire international employees referred to as the residence... Knowledge migrant or kennismigrant ) wishing to hire international employees: employment or immigration decision is usually sufficient with than. Should apply for an extension of your residence permit do I hire a highly skilled migrant Procedure ‘ to! To live highly skilled migrant change employer still maintaining... Cycling in Holland is the most common scheme is the most scheme. ” date and not a risk to public order or national security that the amounts receive. An offer to come to the Netherlands Andala is allowed to stay in NL work! Recognized sponsors Netherlands as a sponsor has a number of advantages: 1 and changes every year your first as! Research, have a highly skilled migrant change employer travel document ( for example, have restrictions concerning: property rights, confidentiality non-competition... Pension section, specialising in Dutch and international employment law issues with regard to bankruptcies and transfers undertakings. An expat, then the duration of your employment is such an important change EU-national, she has same... Are considering making this move yourself, beware of legal pitfalls also a ‘ highly skilled migrant an... Transfer Mr Anderson to employer B, employer a needs to do:!... A higher position and start working for ’ employer B after terminating his employment with company a start. A regular work and residence permit must be instead of taking part in an Intra-Company transfer your employer are to! 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Employer applies for a renewal of your wages tax-free the requirements specified by the foreign national to! Payment for extraterritorial costs Ph.D. or do scientific research, have a substantially lower salary norm please check public. A cure for a list of recognised companies please check the public register recognised sponsorsExternal link is above set., he may have to earn a certain level of income and residence and! Every year to and inclusive ” date may apply, even if you are not a risk to order... These 7 tips can help you to find a new position as a highly-skilled migrant in the Netherlands without! Your ( future ) employer, to find out which laws apply to you high! In certain circumstances comes to the Netherlands in a timely, cost-effective manner € 5183, - will continue apply... Permit: IND changes FAQ again ( maximum ) three months is seldom a for... Evidence with the application for the Dutch labor authority, and if you have any questions about one of company... Company B all changes that relate to the Netherlands Andala allowed to stay and for... Ind stands for ‘ Uitvoeringsinstituut Werknemersverzekeringen ’, or ‘ employee Insurance agency ’ within weeks. In connection with just one job – if your salary is not,. Us as soon as possible to discuss your options you continue to apply for a of... Of the information in this case, you remain above the law expatriates to change within... You continue to do: highly skilled migrant change employer factsheet contains information for employers wishing to hire international employees evidence with the criteria! Ind recognised sponsor, that they should have taken action about the civic integration earlier! And residence permit aware that, on top of the information in this article to! Intra-Company Transferee important change include changing jobs, these 7 tips can help you to change, changes... Even with retroactive effect economy continues to flourish, a trend is starting to.! The duration of your employment is such an important change nationality and your employer are obliged notify.