From highly skilled migrants to intracompany transfers, EU Blue Card, EU law: you name it, we will guide you through the whole process.
Highly Skilled Migrants
This Dutch immigration policy encourages the knowledge economy by allowing companies to recruit highly skilled migrants and apply for combined residence- and work authorisation in an expedited procedure. The employee must obtain a local contract for at least four months.
A guaranteed gross monthly salary is required (holiday allowance not included), the level depending on the age of the employee. Reimbursement of expenses and allowances may be included provided they are specified and guaranteed in a contract, are paid out on a monthly basis and transferred to a bank account in name of the employee.
To have access to the Highly Skilled Migrant program, the Dutch company must be registered as a recognised sponsor with the Dutch Immigration Service (IND) by entering into a standard contract.
Legal Crossing is able to assist in the complete application. From registering the company as a recognised sponsor with the IND to applying for the relevant permits under the highly skilled migrant procedure.
The EU Blue Card facilitates the entry of highly skilled migrants within the EU and aims to support and allow for better working possibilities in other EU countries.
The EU Blue Card is a combined residence permit with work authorisation. The applicants need to have an employment agreement for at least one year and must receive a minimum gross monthly salary. Academic qualifications, professional certificates and expertise are required for approval.
To have access to the EU Blue Card program, the Dutch company does not need to be registered as a recognised sponsor with the Dutch Immigration Service (IND). Recognised sponsors however do benefit from an expedited processing time.
The EU Blue Card procedure is rarely used in the Netherlands particularly due to the fact that the highly skilled migrant application allows for less stricter requirements. We have successfully applied for the EU Blue Card and are happy to advise on the benefits of this Card.
Foreign nationals, wishing to work independently in the Netherlands, will receive a residence permit provided that their business is of an added value and interest to the Dutch knowledge economy.
A point system determines whether the residence permit will be issued and consists of different categories. At least 30 points must be reached for each category. Legal Crossing can advise as to which elements can contribute to these points and to reaching a higher score.
The application can take relatively long (up to 3 – 6 months) and must be well prepared. The Ministry of Economic Affairs advises the Dutch Immigration Service (IND) in the decision.
A one-year residence permit can be obtained by foreign start up entrepreneurs allowing them to start an innovative business. The entrepreneur must work together with an experienced, recognised, facilitator. After one year, the entrepreneur must pass the strict points-based system to qualify for the self-employed residence permit.
Innovative start-ups may apply for work and residence permits for employees under the Essential Start-up orcedure. We can advise on the possibilities and conditions.
A recommendation to the Dutch economic authority to support the self- employed residence permit application may be utilised. Please contact Legal Crossing for the possibilities.
“Avoid sanctions: good preparation is half the battle.”
Investigations and enforcement actions involving employers and foreign national is the focus of the Labour Inspectorate. The employer risks a fine of € 8000 per employee without the required work authorization. Self-employed persons and individuals risk a fine of €6000. For employees who are unable to identify themselves, a fine of €2250 is risked.
If the employer is unable to fulfill his duties and responsibilities, the employer will receive a warning. If a repeated violation takes place, the following can be imposed:
- €3000 to €12000 per infringement
- Withdrawal from the sponsorship program
- Withdrawal of the permits, the foreign national can be deported.
All costs made by the Dutch authorities can be charged to the Dutch company. Furthermore, if the foreign national remains illegally in the Netherlands, repatriation costs can be charged to the company within one year after the employment has ended. We are able to represent the company at the hearings of the Labour Inspectorate or provide support in administrative and appeal proceedings.