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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. You can, but it is more involved! To obtain HSM status, he may have to extend his residence permit. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. Read this article, to find out which laws apply to you. For your benefit, I focus on both areas of law. To employ a highly skilled migrant, you must meet the following 3 … As an employer, you can have your company be recognised as a sponsor by the IND. He decides to quit his job at company A and start working for company B, in a higher position. The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. This blog does not discuss the conditions for this ruling; it tackles the risks at the termination of employment. 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. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. Contact me for assistance. 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. During this time, you remain dependent on your employer to apply for an extension of your permit. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. 4 January 2021. 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. Which rules apply to them? Highly skilled migrants following their orientation year, graduation, Ph.D. or do scientific research, have a substantially lower salary norm? 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. You can apply for one on their behalf. Ms. Schmidt is German. 1. – Both you and your new employer are responsible for notifying the IND that you have found new employment as a highly skilled migrant. He accepted it, and came via an intra-company transfer. Neither she, employer A nor employer B needs to take any further action. 2. whose employer is recognized by the IND. One day, Mr. Anderson gets fed up. Both garden leave and a search period can cause a loss of entitlement to this important scheme. This must be done within 28 days of Mrs. Andala’s arrival. As a non-EU-National: with a regular work and residence permit. It is becoming increasingly common for expatriates to change employers within the Netherlands. 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. Ensure that you are checking the highly skilled migrants register, as there are other registers as well. 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; As a highly skilled migrant, you are entitled to a search period of (maximum) three months. 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. 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. It is becoming increasingly common for expatriates to change employers within the Netherlands. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. 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. The so-called “30% ruling” is a payment for extraterritorial costs. In general, to be classed as a highly-skilled migrant in the Netherlands, you have to earn a certain level of income. The flow chart will help you to determine which regulations and schemes are applicable in … A highly skilled migrant (also called a knowledge migrant or kennismigrant) is defined by age and salary. Be sure to check this with both you current and future employer, to ensure that you remain above the law. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. Simply Google “IND + recognised sponsor”. Depending on whether your employer is located in Flanders, Wallonia or Brussels, the application must be submitted to the competent authority. She is also regularly involved in employment law issues with regard to bankruptcies and transfers of undertakings. However, if he does this he will also have to, If company B is a recognized HSM sponsor, Mr. Anderson can gain HSM status. People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. 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. Highly skilled migrant job change options ; Highly skilled migrant job change options . The end of your employment is such an important change. 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. © 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? Your own attestation that the employee meets the conditions is usually sufficient. 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 should apply for a residence permit as a highly-skilled migrant on your behalf. A residence gap could cause you to lose any entitlement to a lower salary criterion. You can use the Business Portal to submit digital applications. Ensure that you are checking the highly skilled migrants register, as there are other registers as well. 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. The EU Blue Card is a work and residence permit for highly educated foreig… Advice from a legal expert makes it much simpler – but which type of lawyer: employment or immigration? 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. After this time, an approval should be issued by the, . How do I hire a highly skilled international employee? These notifications to the IND must be done within four weeks. Beside the highly skilled migrant scheme, there are a few people with specific permits: Intra Corporate Transferees 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. You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. Your employer can also start this application online. 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. Highly skilled migrants must be paid an income which is above a set threshold. This may apply, even if you continue to do the same work in the same place. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. 3. 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. Most Tier 2 visas are used in connection with just one job. Income requirement for highly skilled migrants. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. If you have found a job during your search year, your residence status will then change . 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. 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. As the Dutch economy continues to flourish, a trend is starting to develop. You are willing to undergo a tuberculosis testExternal link upon arrival in the Netherlands. This could apply if you are eligible for this ruling. Did you know that you can work as a highly skilled migrant for a company without recognised sponsorship status, by involving a payrolling company? 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. Instead of reimbursing the actual costs, an employer can choose to pay you 30% of your wages tax-free. Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. For a list of recognised companies please check the public register recognised sponsorsExternal link. – 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. continues to flourish, a trend is starting to develop. New year, new opportunities? This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. You are an EU national if you are a citizen of one of the countries within the European union. How high it needs to be depends on your age and situation. 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. The first step for a company to be able to employ highly skilled migrants is to become a recognised sponsor. You are not a risk to public order or national security. 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. 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. Always verify that the amounts you receive each month comply with the salary criteria for highly skilled migrants. Salary requirements depend on your age. 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. Be aware that, on top of the information in this article, an employment contract may hold additional clauses. apply again because of a change in their legal form. Is your new employer not a recognised sponsor yet, but willing to become one? 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. 8% holiday allowance [2020]; The employer … 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. As an expat, you need to consider both employment law and immigration law, which makes it more complicated. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘Highly Skilled Migrant Procedure‘. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. We store a few cookies in your browser that make the website function correctly. This application can be done three months before expiry of your residence permit. 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. In order to qualify for HSM status, you must be earning a specific salary. 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. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. 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. 3. Do not delay; you may regret it. These could make it more complicated for you to change employer in the Netherlands. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. 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. As a highly skilled migrant in the Netherlands, your residence rights are often linked to your job. Mr. Anderson received an offer to come to the Netherlands on an international assignment. Like your (former) employer, your new employer must be an IND recognised sponsor. Immigration Skills Charge The Immigration Skills Charge (ISC) is a fee paid by a UK employer for each skilled migrant worker they employ through … Unemployment benefits (WW) Netherlands who earns sufficient long-term income. 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. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. Employers do not always consider this, so keep a close eye yourself, and if you are uncertain, seek legal advice. I … This is referred to as the HSMP. You will need both a Dutch residence permit and a Dutch work permit, 3. Simply Google “IND + recognised sponsor”. In this case, you will have no search period. 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. However, depending on where you are from, there might be some further steps you need to take. 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. Your employer must also be an IND recognized sponsors. 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. 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