If a termination is unavoidable, please contact us as soon as possible to discuss your options. GMW advocaten takes your privacy seriously. Highly skilled migrant job change options ; Highly skilled migrant job change options . 3. You can apply for one on their behalf. Before we get started, let’s outline the three ways in which you can legally come to the Netherlands for employment: 1. 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. Renée works as a lawyer within the Employment & Pension section, specialising in Dutch and international employment law. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. If your future plans include changing jobs, these 7 tips can help you to safeguard your future rights. A Highly Skilled Migrant is an employee who has come to work in another country through the ‘ Highly Skilled Migrant Procedure ‘. Mrs. Andala is Indian. 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. 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. He decides to quit his job at company A and start working for company B, in a higher position. However, you can take on a second job with a Tier 2 skilled worker visa in certain circumstances. It allows employers to bring skilled personnel to the Netherlands in a timely, cost-effective manner. apply again because of a change in their legal form. The EU Blue Card is a work and residence permit for highly educated foreig… 4. Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. – Both you and your new employer are responsible for notifying the IND that you have found new employment as a highly skilled migrant. You are willing to undergo a tuberculosis testExternal link upon arrival in the Netherlands. Both garden leave and a search period can cause a loss of entitlement to this important scheme. This application can be done three months before expiry of your residence permit. Always verify that the amounts you receive each month comply with the salary criteria for highly skilled migrants. How do I hire a highly skilled international employee? Mr. Anderson received an offer to come to the Netherlands on an international assignment. 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. He accepted it, and came via an intra-company transfer. 8% holiday allowance ; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. – 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. The Dutch office can be reached at: ☎ +31(0) 70 324 2524 │ ✉ firstname.lastname@example.org │ Het Kleine Loo 414T, 2592CK The Hague. See privacy statement for more info. If you are considering making this move yourself, beware of legal pitfalls! Salary requirements depend on your age. This is referred to as the HSMP. Your employer must also be an IND recognized sponsors. Is Ms. Schmidt allowed to stay in NL and work for employer B, after leaving employer A? This may apply, even if you continue to do the same work in the same place. These notifications to the IND must be done within four weeks. Because Ms. Schmidt is an EU-national, she has the same rights and obligations as any Dutch citizen. It is the Dutch immigration department. If he does this, it must be instead of taking part in an Intra-Company Transfer. We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. 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. Is your new employer not a recognised sponsor yet, but willing to become one? A residence gap could cause you to lose any entitlement to a lower salary criterion. Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. A highly skilled migrant or knowledge migrant is. 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. Simply Google “IND + recognised sponsor”. The IND handles your applications faster: a decision is usually taken on a completely submitted application within 2 weeks. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. As an expat, you need to consider both employment law and immigration law, which makes it more complicated. Doing this enables them to ‘fast-track’ the immigration procedure for their employees, The processing time for the procedure takes only two weeks. People often only realise when it is almost too late, that they should have taken action about the civic integration much earlier. 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. This must be done within 28 days of Mrs. Andala’s arrival. 2. 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. If an employer brings a highly skilled migrant to the Netherlands, the employer must be a recognized sponsor. 2. This gross annual income is referred to as the income requirement. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. © 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? If you have found a job during your search year, your residence status will then change . – 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. To employ a highly skilled migrant, you must meet the following 3 … As a highly skilled migrant, you are entitled to a search period of (maximum) three months. One day, Mr. Anderson gets fed up. 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. She could obtain one after working for five uninterrupted years in the Netherlands, if she respects the HSM requirements, Employer B must be a recognized HSM sponsor, If it were necessary, Employer B would have to renew Mrs. Andala’s residence permit, before it expired, An Intra-Company Transferee is someone who has come to work abroad via, . Your (future) employer is a recognised sponsor. Note that your residence permit holds a “valid till” date and not a “valid up to and inclusive” date. 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. UWV stands for ‘Uitvoeringsinstituut Werknemersverzekeringen’, or ‘Employee Insurance agency’. 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. Conditions for the employer. Read this article, to find out which laws apply to you. Yes, however, he must meet the requirements specified by the IND and the ‘UWV‘. Is Mrs. Andala allowed to stay in NL and work for employer B after terminating her employment with company A? However, if he does this he will also have to, If company B is a recognized HSM sponsor, Mr. Anderson can gain HSM status. If you are concerned that you will not have a search period, or that you will not find a position during your search period, please contact us for advice. This could apply if you are eligible for this ruling. 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. The application must be submitted by your employer. Most Tier 2 visas are used in connection with just one job. Exceptions to the income threshold. Since then, he has been working for company A for almost three years. Like your (former) employer, your new employer must be an IND recognised sponsor. How high it needs to be depends on your age and situation. It outlines what kind of arrangements you need to make and the options available. Did you know that you can work as a highly skilled migrant for a company without recognised sponsorship status, by involving a payrolling company? Simply Google “IND + recognised sponsor”. So if you have any questions about one of the topics above, please contact me; I will be happy to help. The Netherlands is a well-run, innovative and modern place to live while still maintaining ... Cycling in Holland is the most common thing. Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the 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. After this time, an approval should be issued by the, . 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; Switching to a residence permit as a highly-skilled migrant during an Orientation Year means a … For your benefit, I focus on both areas of law. Fewer pieces of evidence: you need to send fewer pieces of evidence with the application. The latest date is one day before expiry. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. As a highly skilled migrant in the Netherlands, your residence rights are often linked to your job. The arrangements that you and your employer make about termination of employment should therefore take your entitlement to the 30% ruling into account. 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. Highly skilled migrants do not require an employment permit. And it is rarely the case that an employment lawyer knows the latest developments in immigration laws. New year, new opportunities? 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. whose employer is recognized by the IND. Advice from a legal expert makes it much simpler – but which type of lawyer: employment or immigration? The so-called “30% ruling” is a payment for extraterritorial costs. In order to transfer Mr Anderson to employer B, employer A needs to do: nothing! It is becoming increasingly common for expatriates to change employers within the Netherlands. This blog does not discuss the conditions for this ruling; it tackles the risks at the termination of employment. Both of these permits should cover the same period, at the same time. This takes approximately 5 … One day, Mr. Anderson gets fed up. Once the IND has received the declaration and everything is in order, you will receive a login name and a password. 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. This must be done within 28 days of Mrs. Andala’s departure. 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. This is referred to as the HSMP. Ms. Schmidt is German. Therefore, she is an ‘EU-National’. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. 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 the Dutch economy continues to flourish, a trend is starting to develop. It rarely happens that an expert in immigration law is fully aware of the conventions of employment laws. Your employer can also start this application online. – If your residence permit expires before that three month term, then the duration of your search period will be shorter. 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. The end of your employment is such an important change. 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 ... 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