Specialists in Dutch Immigration

Barth Legal
Planetenbaan 16
  3606 AK   Maarssen  NL
tel
+31 (0)64 139 4620
fax +31 (0)84 714 7489
email info@expatlaw.nl

What is a 'knowledge migrant'?
The IND describes immigrants who want to work in Holland in two general categories: labor migrants (who usually require a work permit) and highly skilled migrants (who are exempt from the work permit requirement).  In Dutch, the highly skilled migrant is called "de kennismigrant", which is then often translated into English as  "knowledge migrant".  In other countries the term used is "highly skilled migrant". 

Dutch Immigration Statistics

The IND issued 5,251 knowledge migrant residence permits during 2007.  An additional 1,118 existing residence permits issued in other categories were changed to knowledge migrant permits.  Compared to 2006, this represents an increase of 37% in the growth of the knowledge migrant program.

How can a highly skilled knowledge migrant from the USA be allowed to work immediately upon arrival in the Netherlands?
The applicant can voluntarily submit an application for an entry visa (MVV) in his or her  home country.   Upon arrival in the Netherlands, the highly skilled knowledge migrant will be allowed to work after he has submitted an application for a residence permit.  Labor migrants who have a work permit are permitted to work as soon as their residence permit applications have been filed with the IND.

What happens if the employee leaves the employer?
The employee has to notify the IND regarding the job change.  If the employee left voluntarily, then the IND will withdraw the residence permit.   If the departure was involuntary, then the employee is granted a search period of three months to find a new job before the residence permit is withdrawn.  Changing jobs with the same employer, or finding a new employer, is permitted as long as the IND is notified and the new job also satisfies the salary requirements for knowledge migrants.

Are all employees eligible for knowledge migrant permits?
Some employees are excluded by law from being considered highly skilled migrants.  Professional soccer players, spiritual leaders and prostitutes are not eligible for highly skilled migrant residence permits.

Holland welcomes Highly Skilled Knowledge Migrants
Since October
2004 Dutch employers are permitted to hire  non-EU nationals without work permits if the following requirements are met:

  1. The employer has enrolled in the IND Highly Skilled Migrant Program;  and

  2. The job pays a salary that meets or exceeds the minimum annual gross salary requirements which are based on the age of the employee.  For 2009,  the minimum annual salary requirement is €49,087 for employees 30 years of age or older, and €35,997 for employees younger than 30 years of age.  For persons who have obtained a diploma in the Netherlands, the minimum annual salary requirement is €25,800.  The income criterion does not apply if the employee enters the employment of an educational or research institute as a PhD student, nor does it apply to post-docs and university teachers under 30 years of age.

Once a job contract has been signed, the sponsoring employer can request a residence permit for the highly skilled knowledge migrant,  assuming there are no other problems with the applicant's  individual situation.  The regular rules regarding issuance of a residence permit still apply, such as having a valid passport, no criminal record, and health insurance.

The residence permit of a highly skilled knowledge migrant is granted for the length of the employment contract, up to a maximum of five years, assuming the migrant's passport is valid for the duration.

Partners of highly skilled knowledge migrants are allowed to work without needing a work permit,  although they will still need a residence permit, which will be granted for a period of one year.  The residence permit of the children will have the same term as the residence permit of the highly skilled migrant. 

USA citizens and other applicants who don't require an entry visa (MVV) to enter the Netherlands may not start work as a highly skilled knowledge migrant until the residence permit application is approved.  Foreigners who require an MVV to enter the Netherlands can start work immediately upon registration here with the IND because their eligibility for a residence permit was determined during the MVV process in their home country.

We can help employers get IND approval to sponsor knowledge migrants and take care of all immigration matters for their employees.  We can help knowledge migrants renew their permits, change jobs, and bring their partners and children to the Netherlands.

Please contact us if you would like more information regarding the highly skilled migrant program and how it may apply to your individual situation.