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Highly skilled migrant

First things first. Let’s define highly skilled migrant. A highly skilled migrant is defined by the Immigration Service as an employee who works for a recognized sponsor in the Netherlands on the basis of a work contract and fulfills specific age, salary, and experience requirements. Now that we know who would be considered a highly skilled migrant, we want to talk about another important name that you need to remember. That is the IND. IND is short for Immigratie- en Naturalisatiedienst. The IND is the Dutch Immigration and Naturalization Service. This institution is at the spile of it all when it comes to the process of any foreigner working as a highly skilled migrant in the Netherlands.

Recognised sponsor

To be able to work as a highly skilled migrant in the Netherlands, you need a recognised sponsor. This is a company that has been approved by the IND to hire highly skilled migrants and apply for their residence permits. The IND is the only Dutch institution that decides whether a company is suitable to be a recognised sponsor. Therefore, it’s important to check if the company that you have an employment contract with is indeed a recognised sponsor by the IND. To make it easy for aspiring highly skilled migrants to check which companies are recognised sponsors, the IND has a list publicized on their website. This list is updated monthly. Therefore, you can assume that the information on the list is up-to-date.

Application process

To submit the application, your employer will need various documents from you. After you’ve provided these documents, the application will be submitted by the employer. This can be done in two different ways. Either written by post or digitally. When your employer submits the application, this will be for both the MVV and the residence permit. 

Decision period

Waiting on a decision is always hard. Especially if it is about something important. In this case, there is a decision period. The decision period is 90 days. This means that within 90 days of receiving your application, the IND has to let you know whether they approve or reject your application. There are exceptions where it can take longer than 90 days for the IND to make their decision. One of these exceptions is when your application is not complete. Whatever the case may be, the IND will contact you.

Income requirements and salary standard 

The IND has an income requirement and salary standard set that you need to meet to be eligible to work as a highly skilled migrant in the Netherlands. The exact amount of the income requirement can be found on the website of the IND. When it comes to the salary standard, you will have to have an agreement with your employer that the salary you will be receiving is in check with the market rate. Meaning, your salary will be on the same level as the salary of others who do the same work as you do. Depending on your personal situation, a reduced salary standard may be applied.

Safety

Just like any other country, the Dutch government wants to make sure that their country and its citizens are safe. That is why you will need to fill in an Appendix Antecedents Certificate. The Appendix Antecedents Certificate is the place for you to inform the IND about you any offences or crimes that you may have committed. The Appendix Antecedents Certificate needs to be added to your application. 

Costs

Of course, nothing in life is free. Therefore, there are costs tied to your application to work as a highly skilled migrant in the Netherlands. The application fee is €350. This fee will be paid automatically by your employer through direct debit.

Obligations

As an aspiring highly skilled migrant, you are obligated to inform the IND about any and every chance during and after your application. This is called the obligation to provide information. Don’t think that something isn’t important enough to rapport or that it isn’t necessary. Just inform the IND and let them be the judge. And if you think that there aren’t any consequences to them finding out that you’ve hidden information for them you should think again. If the IND finds out that there has been a chance in your situation and you haven’t informed them, then they can get a warning or an administrative fine.

Approved

Congratulations, your application has been approved. How sweet would it be for you to receive this message? Let’s assume that this is the situation. What’s next?

First, you’ll need to pick up your MVV to travel to the Netherlands. The MVV can be picked up at the Dutch representation in India. This will be the Dutch representation that is filled in on the application form. Make sure that you make an appointment at the Dutch representation within three months of your application being approved.

Before you make this appointment, though, you will need to make sure that your passport will be valid for a minimum of another six months on the day that the MVV will be placed in your passport. This is very important, so keep this in mind before making your appointment. Another important step is to make sure that you have a new passport photo with you when picking up your MVV. Make sure that you take this passport photo on time as it’s one of the requirements. Okay, so now we have established what you need to do to pick up your MVV.

A short summary:

• Make an appointment
• Make sure your passport is valid
• Make sure you have 1 new passport photo

Picking up your MVV

You’ve made your appointment. You also checked everything that you need to pick up your MVV. It is time to get on with the next steps. Those steps will be taken during your appointment at the Dutch representation. Here they will take your biometrics, take your fingerprints, and you will need to provide your signature.

Picking up your residence permit

You’ll receive a letter when your residence permit is ready to be picked up. This can be done at one of the IND desks. Don’t forget to make an appointment first.

Delay in receiving your residence permit

In some cases, your application will be approved, but it will take some time before you can actually pick up your residence permit. If that is the case, you still need to make an appointment to get your biometrics taken and to pick up your residence permit. The IND prefers it if you do this as soon as possible. But definitely within two weeks after your employer has received the news that your application has been approved. While you’re waiting to pick up your residence permit, you may still be able to work as a highly skilled migrant. There are two different scenario’s where this may be the case:

First, if you’ve already been working as a highly skilled migrant in the Netherlands, but you’re waiting for the extension of your residence permit you’re allowed to continue working.

Second, if you are waiting for your first residence permit then it depends on what the IND has written in their letter of approval. If in their letter of approval is stated that you may start working then you can do so up to four months from the day that is stated in the approval letter.

TBC (Tubercolosis) test

While filing your application your employer may have indicated that you will take a Tuberculosis test. If this is the case, you must make an appointment at the Municipal Health Service. Make sure that you make this appointment within three months of picking up your residence permit. When you go to the appointment you will have to bring a referral form with you. This form can be found on the IND website.

Rejection

Unfortunately, your application can be rejected. If this is the case, then you can object or appeal against the decision. If you object to the decision made by the IND, and they find your objection unfounded, then you can take it to court. 

Other job opportunities

When working in the Netherlands as a highly skilled migrant, you may come across other job opportunities in the country. As eager and ambitious as you are, you may want to grab those opportunities with both hands. Luckily, you are allowed to do so. Here are the terms and conditions for working other jobs besides your job as a highly skilled migrant.

First, you need to be working for at least 5 years as a highly skilled migrant in the Netherlands. Second, you’ll have to apply for a work permit. Not just any work permit, but a work permit with the work status free to work. Depending on your situation, you can apply for the work status free to work in the following ways:

Situation 1: Your residence permit is valid for at least four months. In this case, you can replace your residence permit with a document with the work status free to work. 

Situation 2: Your residence permit will expire within three months. In this case, you’ll need to apply for an extension of your residence permit. During your application, you’ll need to indicate on the form that you want to have the employment status free to work on your residence document.

Unemployment

Unfortunately, you may become unemployed during your time as a highly skilled migrant. If this happens, there is no need to panic. There is still a chance for you to continue your stay in the Netherlands as a highly skilled migrant. The IND gives you up to 3 months to get a new job as a highly skilled migrant. This period is intended for you to search for a new job as a highly skilled migrant, so we urge you to do just that in case of unemployment. There are some terms and conditions to this, though. 

First, the IND may give you up to three months to find a new job as a highly skilled migrant if your resident permit is still valid for that period. This means that if your residence permit is still valid for two months after you become unemployed, the IND only grants you two months to find a new job as a highly skilled migrant. The same goes for when your residence permit is valid for less time than that. In short, you will have up to three months, but if your residence permit is valid for less than, you’ll be granted the time that your residence permit is valid.

Here are two short examples to make it clear:

Your residence permit is valid for 48 days. You’ll be granted 48 days to find a new job as a highly skilled migrant.

Your residence permit is valid for 1,5 years. You’ll be granted 3 months to find a new job as a highly skilled migrant.

Assuming that you will find a new employer within the time that you’ve been granted, you still have to do a very important thing. And that is notifying the IND about your new employer. Do this as soon as possible, but at least within the time period that you have to find a new employer. 

Good luck on your journey to becoming a highly skilled migrant in the Netherlands, and stay tuned for part 2. 

Disclaimer: This article is accurate and true to the best of the author’s knowledge. Content is for informational purposes only and does not substitute for personal counsel or professional advice in business, financial, legal, or technical matters.