Highly skilled migrant
Have you chosen a foreign candidate to fill your vacancy? One of the best ways to legally have a foreign employee reside and work in the Netherlands is the residence permit as highly skilled migrant. In this case a work permit (TWV) is not required. AHL Advocaten’s immigration attorneys can help you and file an application at the IND on your behalf.
As a condition the employer has to be registered as a recognised sponsor at the IND in the Netherlands. In addition, the wage criterion for highly skilled migrants needs to be satisfied. This means the gross monthly salary (excluding holiday pay) meets the following standards (January 2019):
- € 4612,00 (highly skilled migrant over the age of 30)
- € 3381,00 (highly skilled migrant under the age of 30)
- € 2423,00 (highly skilled migrant who has graduated in The Netherlands and finds employment as a highly skilled migrant following their study or during the job-seeking year)
Furthermore, expenses and surcharges may count towards the gross monthly salary as long as they are guaranteed and structurally paid each month, and have been stipulated by contract. The salary must also be market-conform. There are further conditions that the highly skilled migrant must meet in order to qualify for this residence permit. Our immigration attorneys can further advise you, as a company or employee, about this residence permit as a highly skilled migrant and can draw up a residence permit application and file it at the IND on your behalf. If you would like more information, please contact us!
Are you an EU national? In that case you have many advantages over people with a different nationality. However, you do not have the absolute right to stay in the Netherlands for more than 3 months. Therefore, it is recommended to get advised by AHL Advocaten’s immigration attorneys, especially if you travel to the Netherlands to stay here with your spouse, registered partner, or children, who do not have the nationality of another EU Member State.
In order to be allowed to stay in the Netherlands for more than 3 months, the EU national either has to be considered as an employee, self-employed entrepreneur, student, or have sufficient means of subsistence at your disposal to prevent the use of public resources. If you do not meet these conditions the IND may force you to leave Dutch territory. In the worst case scenario, this could lead to an entry ban.
To prevent this, AHL Advocaten’s immigration attorneys can clearly explain to you exactly what conditions you need to meet. We can also advise you if you would like to bring a family member, who does not have the nationality of another EU Member State, to the Netherlands. We can draw up an application for Verification against EU Law to apply for a residence document for this family member at the IND.
If you reside in the Netherlands as an EU national for longer than 5 consecutive years, we can draw up an application for a residence document as proof of permanent residence on behalf of you and your family member(s). In other words, it is advisable for EU nationals to bring in AHL Advocaten’s immigration specialists as well. If you have any questions please contact us.
Residence permit as a self-employed entrepreneur
If you want to establish your own business in the Netherlands and obtain a residence permit on that basis, then our immigration attorneys are the right people to help you with that. It is not easy to obtain this residence permit, because as a foreign entrepreneur you have to prove that your business serves an essential Dutch interest.
This will be assessed by the Ministry of Economic Affairs through a point system. Your qualities as an entrepreneur, your business plan, and the economic worth of your business for the Netherlands will assessed.
If you have the American or Japanese nationality, or if you have a residence permit as a long-term EC resident granted by of another EU Member State, then you are exempt from the above requirement.
Residence permit for start-ups
If you wish to found a whole new business in the Netherlands, then you may qualify for a residence permit for start-ups. It is important for your business to be innovative. This means your product or service has to be new to the Netherlands, has to make use of new technology in production, distribution, or marketing, or needs to be innovative in terms of it organisational structure and method. In addition, you have to be guided by an experienced entrepreneur (facilitator) in the Netherlands.
AHL Advocaten’s immigration specialists are happy to look into and discuss both options with you, so you can start your own business with a valid residence permit in the Netherlands. For more information please contact us.
Single permit for residency and employment (GVVA)
A large misconception is that aliens with a Dutch residence permit are also allowed to work in the Netherlands. However, for many different kinds of labour, employees from outside the EU (excluding Croatia) / EEA / Switzerland a work permit (TWV) is required before a residence permit for paid employment can be granted. In many cases a single permit for residency and employment (GVVA) is then granted. This is a work- and residence permit combined into one.
If you are planning to hire an employee from outside the EU / EEA / Switzerland, then it is advisable to contact our immigration specialists of AHL Advocaten. Applying for a GVVA is not simple and it is a lengthy administrative process. A GVVA is applied for at the IND. Together with the UWV (Netherlands Employees Insurance Agency) they assess whether there are no suitable candidates from the Netherlands or other EU Member States to fill the position (prioritised labour market supply). In addition, the vacancy has to have been reported to the UWV for at least 5 weeks, and as an employer you need to have undertaken sufficient (and documented!) efforts to find a suitable candidate before you may apply for a GVVA. Furthermore, it is assessed whether the terms of employment are in conformity with the market and whether the employer has ever been fined by the Inspectorate SZW (Ministry of Social Affairs and Employment ) or the Belastingdienst (Tax and Customs Administration).
As immigration attorneys we are happy to help you with your application for this GVVA and we will also see if there are any possible alternatives to this residence permit for you. If you would like to know more about the GVVA and TWV, please contact us. We would love to be of further assistance in a free of charge first consultation.
Draft Withdrawal Agreement Brexit and residence rights
The Withdrawal Agreement enables both EU citizens and UK nationals, as well as their respective family members, to continue to exercise their rights derived from EU law in each other’s territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period on 31 December 2020.
In essence, EU citizens and UK nationals meet these conditions if they are (before 31 December 2020): workers or self-employed; or have sufficient resources and sickness insurance; or are family members of some other person who meets these conditions; or have already acquired the right of permanent residence and are therefore no longer subject to any conditions. Those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights also after the UK’s withdrawal.
Important! This is still a Draft Withdrawal Agreement which still must be approved by the United Kingdom and the European council. If you have any questions about Brexit and your residence rights (or for a family member), please do not hesitate to contact our office.
Asylum Cross border service provisionDutch citizenship Entry banEU Blue card Family reunificationIntra company transfer Permanent residence permitRecognised sponsorship Residence for studyShort stay visa (Schengen visa) Work permit (TWV)
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