The unique position of the knowledge migrant

The unique position of the knowledge migrant

Highly skilled workers outside the EU are increasingly being attracted by employers in the Netherlands. There are different residence permits to work in the Netherlands, but the majority of this group works in the Netherlands as knowledge migrants. Relatively speaking, the framework for knowlegde migrants is the easiest and fastest way to employ a worker in the Netherlands. In this blog we explain which conditions must be met in order to take advantage of this scheme.

Conditions for knowledge migrants

A first important condition is: the employer must be recognized as a sponsor by the IND. To be recognized as a recognized sponsor, the employer must submit an application to the IND (Immigration and Naturalization Service). Only after recognition is it allowed to employ knowledge migrants on the basis of an employment contract or official appointment. In addition, the knowledge migrant must meet the applicable salary standard. As of January 1, 2025, the standard amounts are as follows:

  • for the highly skilled migrant aged 30 years and older: €5,688 gross per month;
  • for the highly skilled migrant younger than 30 years of age: €4,171 gross per month;
  • for recent graduates in the Netherlands or from a foreign top 200 university, the reduced salary criterion applies: €2,989 gross per month.

Highly skilled workers outside the EU are increasingly being attracted by employers in the Netherlands. There are different residence permits to work in the Netherlands, but the majority of this group works in the Netherlands as knowledge migrants. Relatively speaking, the framework for knowlegde migrants is the easiest and fastest way to employ a worker in the Netherlands. In this blog we explain which conditions must be met in order to take advantage of this scheme.

Conditions for knowledge migrants

A first important condition is: the employer must be recognized as a sponsor by the IND. To be recognized as a recognized sponsor, the employer must submit an application to the IND (Immigration and Naturalization Service). Only after recognition is it allowed to employ knowledge migrants on the basis of an employment contract or official appointment. In addition, the knowledge migrant must meet the applicable salary standard. As of January 1, 2025, the standard amounts are as follows:

  • for the highly skilled migrant aged 30 years and older: €5,688 gross per month;
  • for the highly skilled migrant younger than 30 years of age: €4,171 gross per month;
  • for recent graduates in the Netherlands or from a foreign top 200 university, the reduced salary criterion applies: €2,989 gross per month.

These amounts do not include 8% vacation allowance. The knowledge migrant must meet this salary standard each month and the salary must be transferred to a bank account of the foreign national each month. Any benefits that are paid on a fixed monthly basis may be counted toward the salary criterion, provided this is documented in writing. Also, the salary must be ‘market-based.’ The benchmark amounts are indexed every year. When changing employers, the salary standard for the new employer applies to the age the knowledge migrant is at that time. This rule does not apply if the knowledge migrant falls under the reduced salary criterion. Even if the knowledge migrant only changes employers, the reduced salary criterion continues to apply. The reduced salary criterion is not age-related.

Residency permit

The period of validity of the residence permit is linked to the duration of the labor contract and with a maximum of five years. The residence permit is valid as long as the knowledge migrant meets the conditions. The permit is renewable each time and is not tied to a specific employer.

For example, if the knowledge migrant changes employers, or no longer meets the conditions of the knowledge migrant scheme, the employer must notify the IND within 4 weeks. Non-compliance can result in a fine or even, under certain circumstances, revocation of the status as a recognized sponsor.

Questions?

Are you planning to employ non-EU workers in the Netherlands? Has the organization not yet been recognized as a sponsor by the IND? Or do you have questions and/or need advice on the special position of the highly skilled migrant within your organization? Please contact our labour migration and labour law legal experts Çiğdem Özcan or Hian Li Ko.

Çiğdem Özcan is gespecialiseerd in het arbeidsrecht en arbeidsmigratierecht, met bijzondere expertise op het gebied van grensoverschrijdend werken. Neem contact op met Çiğdem door te mailen naar ozcan@langelaarklinkhamer.com

Hian Li Ko is gespecialiseerd in arbeids- en ambtenarenrecht, met ruime ervaring in onder meer ontslagzaken, reorganisaties en medezeggenschapstrajecten. Ze is oprichter van Ko & Co Advocaten en partner bij Langelaar Klinkhamer Advocaten.

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