Do you want to employ a national from outside the European Union? And is your company a recognized sponsor with the Immigration and Naturalization Services (IND) as described in the previous edition of “The local expat”? You may hire this employee as a highly skilled migrant. This ensures that the application process for this combined highly skilled migrant residence- and work permit is much quicker than other IND procedures. In order to stay and work in the Netherlands as a highly skilled migrant, several conditions must be met.
Generally, the non-EU employee has a valid passport or other travel document. Highly skilled migrants must have an employment contract with a recognized sponsor, earn sufficient salary income and receive a salary package that is in line with market standards in the Netherlands. The required salary level varies by age. Additionally, there may be profession-specific requirements, such as for scientific researchers or medical trainees.
The salary of a highly skilled migrant must meet certain standards, with exceptions for certain groups. It is worth noting that the mandatory holiday allowance does not count towards the determination of the salary test. The net equivalent of the gross required minimum salary must be paid into the employee’s bank account on a monthly and timely basis.
Both employees and employers have obligations towards the IND. Employees must report significant changes, such as changing employers, and submit applications for residence permits for family members. Employers must report changes that may affect the employee's right to reside, such as a highly skilled migrant who leaves the Netherlands after termination of the employment contract. Employers must maintain relevant documentation, ensure the employee's well-being, provide information about long term absence and about salary falls, about working part-time and more. Failure to comply with the rules can lead to measures by the IND, such as revocation of residence permits, fines, even criminal prosecution. Employees are entitled to protection and can contact the IND or other authorities if the rules are not adhered to.
Do not underestimate the rules and procedures, you better be warned early than react too late.
Author: Leo Oudshoorn – Wecountancy Expat Services