The knowledge migrant: Dismissal and
residence rights

30 Nov 2009

A foreign employee, who has a residence permit
to stay in the Netherlands under the knowledge
migrant scheme but loses his/her job, may also
lose the right to reside in the Netherlands.

What is the position exactly?

A knowledge migrant is invited to move to the
Netherlands by an employer based here. His/her
residence permit is issued for the duration of the
employment contract or, if the contract is for an
indefinite period, for a maximum of five years.

The employee changes job.
Changing job is permitted. However, the new
employer must be a participant in the IND’s
knowledge migrant scheme and must comply
with the salary criterion that applies to the hiring
of knowledge migrants.

The employee’s temporary employment
contract is not extended.
The residence permit is issued for the duration
of the employment contract. Once the
employment contract ends, the right of residence
expires too.

The employer wishes to terminate the
employment contract prematurely.
The Aliens Act and the accompanying Aliens
Circular describing how the Act is to be
implemented maintain a strict rule: a foreign
national who loses his/her job ‘culpably’ also
loses his/her right of residence. This may
include cases of summary dismissal, notice of
dismissal against which the employee has not
protested or, most commonly, the situation in
which an employee signs a settlement
agreement with the employer in which the parties
agree to the ending of the employment contract,
with compensation being payable. Even if the
settlement agreement includes a provision
specifying that the employee be not at fault, by
signing the agreement the employee will have
consented to his/her dismissal and will therefore,
according to the legislation, be ‘culpable’. The
right of residence will expire.