A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. Both garden leave and a search period can cause a loss of entitlement to this important scheme. 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. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. As an expat, you need to consider both employment law and immigration law, which makes it more complicated. If a termination is unavoidable, please contact us as soon as possible to discuss your options. IND publishes the register of recognised sponsors on its website. 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. When you wish to stay in the Netherlands as a highly skilled migrant, you have to meet the following conditions. Read this article, to find out which laws apply to you. Now, they wish to change to ’employer B’. As a highly skilled migrant, you are entitled to a search period of (maximum) three months. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. 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. 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). A highly skilled migrant (also called a knowledge migrant or kennismigrant) is defined by age and salary. 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; apply again because of a change in their legal form. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. Highly skilled migrant job change options ; Highly skilled migrant job change options . Highly skilled migrants do not require an employment permit. 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. This could apply if you are eligible for this ruling. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? 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. Unemployment benefits (WW) Netherlands This must be done within 28 days of Mrs. Andala’s departure. 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? 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. To employ a highly skilled migrant, you must meet the following 3 … 3. Pay special attention when your employer applies for a renewal of your residence permit. In order to qualify for HSM status, you must be earning a specific salary. New year, new opportunities? Application for the purpose of residence of ‘highly skilled migrant’ 7511 Your employer recognised as sponsor uses this form to start your application. 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 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. This is referred to as the HSMP. This may apply, even if you continue to do the same work in the same place. Contact me for assistance. 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. Be aware that, on top of the information in this article, an employment contract may hold additional clauses. 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. If your salary is not market-related, IND can deny the application or withdraw your residence permit, even with retroactive effect. Yes, Mrs. Andala is allowed to stay and work in the Netherlands. For all other companies, the fee of € 5183,- will continue to apply apart from annual indexations. A highly skilled migrant or knowledge migrant is. It is the Dutch immigration department. Be sure to check this with both you current and future employer, to ensure that you remain above the law. © 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? Income requirement for highly skilled migrants. – 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 income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. 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. After this time, an approval should be issued by the, . Doing this enables them to ‘fast-track’ the immigration procedure for their employees, The processing time for the procedure takes only two weeks. Highly skilled migrants following their orientation year, graduation, Ph.D. or do scientific research, have a substantially lower salary norm? 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. Your (future) employer is a recognised sponsor. 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. How high it needs to be depends on your age and situation. Therefore, she must ensure that her new contract with employer B begins immediately after her old contract with employer A terminates. It is becoming increasingly common for expatriates to change employers within the Netherlands. Unfortunately, there is seldom a cure for a residence gap. The highly skilled migrant (30 years or older) earns a minimum gross salary of €4,5612 per month, excl. As an employer, you can have your company be recognised as a sponsor by the IND. You are an EU national if you are a citizen of one of the countries within the European union. Before we get started, let’s outline the three ways in which you can legally come to the Netherlands for employment: 1. It outlines what kind of arrangements you need to make and the options available. Both of these permits should cover the same period, at the same time. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. Neither she, employer A nor employer B needs to take any further action. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. 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. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ nl.relocation@altairglobal.eu │ Het Kleine Loo 414T, 2592CK The Hague. If your future plans include changing jobs, these 7 tips can help you to safeguard your future rights. Graduates who find permanent employment as a Highly-Skilled Migrant within a year will be eligible for a residence permit. 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. To obtain HSM status, he may have to extend his residence permit. Certain nationalities are exemp… 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. The end of your employment is such an important change. Ms. Schmidt is German. 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. Mrs. Andala is Indian. 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. 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. Which rules apply to them? 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. As the Dutch economy continues to flourish, a trend is starting to develop. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. If you have yet to secure your first job as an expat, then take a look into, 1. For a list of recognised companies please check the public register recognised sponsorsExternal link. continues to flourish, a trend is starting to develop. The arrangements that you and your employer make about termination of employment should therefore take your entitlement to the 30% ruling into account. A residence gap could cause you to lose any entitlement to a lower salary criterion. whose employer is recognized by the IND. Avoid a residence gap in any way you can. GMW advocaten takes your privacy seriously. You are willing to undergo a tuberculosis testExternal link upon arrival in the Netherlands. 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. 4 January 2021. People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. Highly skilled migrants must be paid an income which is above a set threshold. Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. 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. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. Like your (former) employer, your new employer must be an IND recognised sponsor. One day, Mr. Anderson gets fed up. Salary requirements depend on your age. Your employer may, for example, have restrictions concerning: property rights, confidentiality or non-competition clauses. IND stands for: ‘Immigratie- en Naturalisatiedienst’. 3. You can use the Business Portal to submit digital applications. Read this article, to find out which laws apply to you. The application fee for recognized sponsorship for Start-ups and for smaller companies with less than 50 employees is lower €1.963 . As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. This factsheet contains information for employers wishing to hire international employees. 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. 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. Switching to a residence permit as a highly-skilled migrant during an Orientation Year means a … Did you know that you can work as a highly skilled migrant for a company without recognised sponsorship status, by involving a payrolling company? She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. This means she is allowed to stay and work for another employer in the Netherlands. She is also a ‘Highly Skilled Migrant’. Many companies choose to register as recognized HSMP sponsors. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. Is Mrs. Andala allowed to stay in NL and work for employer B after terminating her employment with company A? 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. You are not a risk to public order or national security. Immigration Skills Charge The Immigration Skills Charge (ISC) is a fee paid by a UK employer for each skilled migrant worker they employ through … The so-called “30% ruling” is a payment for extraterritorial costs. – 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. 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. 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. He decides to quit his job at company A and start working for company B, in a higher position. So if you have any questions about one of the topics above, please contact me; I will be happy to help. You may be allowed to simply move on to a different employer in the Netherlands, without having to fulfil any legal obligations. This must be done within 28 days of Mrs. Andala’s arrival. Mr. Anderson received an offer to come to the Netherlands on an international assignment. Since then, he has been working for company A for almost three years. They are the Dutch labor authority, and they implement and provide advice on employee insurance. Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. 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 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. The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. 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. Your own attestation that the employee meets the conditions is usually sufficient. The flow chart will help you to determine which regulations and schemes are applicable in … For your benefit, I focus on both areas of law. Note that your residence permit holds a “valid till” date and not a “valid up to and inclusive” date. 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. These notifications to the IND must be done within four weeks. I … Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. – Both you and your new employer are responsible for notifying the IND that you have found new employment as a highly skilled migrant. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. These income requirements are not applicable if you’re being hired b… Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. This means that she is required to never have a gap in employment. Therefore, she is an ‘EU-National’. 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. Simply Google “IND + recognised sponsor”. If he does this, it must be instead of taking part in an Intra-Company Transfer. 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. Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. The application must be submitted by your employer. 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. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. – 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. The latest date is one day before expiry. He accepted it, and came via an intra-company transfer. One day, Mr. Anderson gets fed up. Because Ms. Schmidt is an EU-national, she has the same rights and obligations as any Dutch citizen. 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. Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees Advice from a legal expert makes it much simpler – but which type of lawyer: employment or immigration? This blog does not discuss the conditions for this ruling; it tackles the risks at the termination of employment. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. In general, to be classed as a highly-skilled migrant in the Netherlands, you have to earn a certain level of income. Is your new employer not a recognised sponsor yet, but willing to become one? The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. If you are considering making this move yourself, beware of legal pitfalls! 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. 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. 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. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. This takes approximately 5 … The assessment by the Dutch immigration services (IND) is primarily salary

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