The European Union regulations make it possible to attract highly skilled migrant workers from outside the EU: the highly skilled migrant programme.
The most important criterion with which employers must comply is the salary requirement.
Moreover, the employer must be recognised by the Immigration and Naturalisation Service (IND) as a sponsor. Only then may an employer submit an application for a residence permit for the highly skilled migrant.
If the employer is recognised by the IND as a sponsor, the application is processed quickly. The IND aims for a deadline of two weeks for sponsors that are already known. In practice, it can take longer; the legal deadline for a decision is 90 days.
If the application is successful, the highly skilled migrant can collect a temporary residence permit (MVV) from the Dutch embassy in his/her country of origin.
This enables the migrant to travel to the Netherlands and collect a residence permit from the IND.
As stated, the most important condition of residence is the salary of the highly skilled migrant. The government applies an age limit of 30 years in respect to the salary criterion, dividing applicants into the following categories:
› Highly skilled migrants aged 30 years and older must earn a minimum of 4.324 euros gross per month, excluding 8 percent holiday allowance.
› Highly skilled migrants under the age of 30 must earn a minimum salary of 3.170 euros gross per month, excluding 8% holiday allowance.
› There is a separate arrangement for highly skilled foreigners who start work in the Netherlands within a year of graduating. The year following graduation may be used to seek employment.
For such migrants, a minimum salary requirement of 2.272 euros gross per month applies, excluding holiday allowance.
There is another important exclusion to the salary criterion: if a highly skilled migrant is employed before his/her 30th birthday, then the employer does not need to increase his/her salary after the migrant turns 30.
Thus, as long as the employee remains with the same company, the employer may continue to pay them the minimum salary for highly skilled migrants under the age of 30 years: 3.170 euros gross per month.
In the case of continuous employment, the salary only needs to be adjusted in the following scenarios:
For example, if an extension is requested after two years, then IND’s new salary criterion must be applied.
The age limit of 30 years then needs to be considered again. For example, someone who turns 30 in May and changes sponsor in August of the same year, will receive the minimum salary for highly skilled migrants under the age of 30 until July inclusive.
From August 1 onwards, however, they must receive the salary that applies to highly skilled migrants aged 30 and over.
Dutch Umbrella Company assists highly skilled migrants and businesses with permit applications and contracts so that they can work legally within a number of weeks.
To find out more please contact them via:
› telephone: +3120 820 15 60
› email: duc@wepaypeople.com