highly skilled migrant change employer

If he does this, it must be instead of taking part in an Intra-Company Transfer. The application fee for recognized sponsorship for Start-ups and for smaller companies with less than 50 employees is lower €1.963 . 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. You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. 2. 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. a person who comes to the Netherlands on an employment contract. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. 4. 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. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. A highly skilled migrant or knowledge migrant is. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. 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. Avoid a residence gap in any way you can. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ nl.relocation@altairglobal.eu │ Het Kleine Loo 414T, 2592CK The Hague. For all other companies, the fee of € 5183,- will continue to apply apart from annual indexations. Many companies choose to register as recognized HSMP sponsors. Ms. Schmidt is German. Unfortunately, there is seldom a cure for a residence gap. Your employer can also start this application online. After this time, an approval should be issued by the, . Pay special attention when your employer applies for a renewal of your residence permit. Exceptions to the income threshold. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. The flow chart will help you to determine which regulations and schemes are applicable in … Read this article, to find out which laws apply to you. 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. We have created some scenarios to help explain what you must do. As the Dutch economy continues to flourish, a trend is starting to develop. – 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. 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. Mr. Anderson received an offer to come to the Netherlands on an international assignment. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. whose employer is recognized by the IND. 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. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. For your benefit, I focus on both areas of law. Recognition as a sponsor has a number of advantages: 1. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. It is becoming increasingly common for expatriates to change employers within the Netherlands. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. As an employer, you can have your company be recognised as a sponsor by the IND. If you have yet to secure your first job as an expat, then take a look into, 1. This must be done within 28 days of Mrs. Andala’s departure. During this time, you remain dependent on your employer to apply for an extension of your permit. The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. 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. The end of your employment is such an important change. 1. Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the Highly Skilled Migrant. She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. 4 January 2021. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. Be aware that, on top of the information in this article, an employment contract may hold additional clauses. 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. The application must be submitted by your employer. Simply Google “IND + recognised sponsor”. Therefore, she is an ‘EU-National’. who earns sufficient long-term income. 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. In this case, you will have no search period. When you wish to stay in the Netherlands as a highly skilled migrant, you have to meet the following conditions. Yes, Mrs. Andala is allowed to stay and work in the Netherlands. How do I hire a highly skilled international employee? 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. 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. 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. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. 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. I understand that it can be difficult to understand Dutch law and what it means in practical terms. in Flanders, Wallonia or Brussels People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). This is referred to as the HSMP. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. The assessment by the Dutch immigration services (IND) is primarily salary The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. More information can be found on the IND’s website. Highly skilled migrants do not require an employment permit. What does Mr. Anderson have to do himself? See privacy statement for more info. One day, Mr. Anderson gets fed up. IND publishes the register of recognised sponsors on its website. They are the Dutch labor authority, and they implement and provide advice on employee insurance. He decides to quit his job at company A and start working for company B, in a higher position. Certain nationalities are exemp… Your (future) employer is a recognised sponsor. Both of these permits should cover the same period, at the same time. It outlines what kind of arrangements you need to make and the options available. This application can be done three months before expiry of your residence permit. 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. As a highly skilled migrant, you are entitled to a search period of (maximum) three months. 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. You can apply for one on their behalf. This means she is allowed to stay and work for another employer in the Netherlands. Highly skilled migrant job change options ; Highly skilled migrant job change options . This factsheet contains information for employers wishing to hire international employees. Ensure that you are checking the highly skilled migrants register, as there are other registers as well. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. The EU Blue Card is a work and residence permit for highly educated foreig… Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. This blog does not discuss the conditions for this ruling; it tackles the risks at the termination of employment. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. – 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. 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. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. The arrangements that you and your employer make about termination of employment should therefore take your entitlement to the 30% ruling into account. 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. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. 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? 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. Income requirement for highly skilled migrants. 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. Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. 8% holiday allowance [2020]; The employer … We store a few cookies in your browser that make the website function correctly. 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. 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. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. Mrs. Andala is Indian. Because Ms. Schmidt is an EU-national, she has the same rights and obligations as any Dutch citizen. Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. Now, they wish to change to ’employer B’. You may be allowed to simply move on to a different employer in the Netherlands, without having to fulfil any legal obligations. 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. 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. 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. However, depending on where you are from, there might be some further steps you need to take. The latest date is one day before expiry. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. This may apply, even if you continue to do the same work in the same place. 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. 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. 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. 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. How high it needs to be depends on your age and situation. However, if he does this he will also have to, If company B is a recognized HSM sponsor, Mr. Anderson can gain HSM status. – Both you and your (former) employer are responsible for notifying the IND that your employment will end, and Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? Unemployment benefits (WW) Netherlands She is also a ‘Highly Skilled Migrant’. 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. If your salary is not market-related, IND can deny the application or withdraw your residence permit, even with retroactive effect. The income threshold does not apply in cases in which the highly skilled migrant … 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. One day, Mr. Anderson gets fed up. 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. 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. As an expat, you need to consider both employment law and immigration law, which makes it more complicated. 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. Neither she, employer A nor employer B needs to take any further action. 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. 3. A residence gap could cause you to lose any entitlement to a lower salary criterion. The application for the Dutch residence permit must be submitted by the foreign national employee to the Dutch Immigration and Naturalization Service. 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. 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; Therefore, she must ensure that her new contract with employer B begins immediately after her old contract with employer A terminates. Both garden leave and a search period can cause a loss of entitlement to this important scheme.

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