Highly Skilled Migrant Lawyer in the Netherlands

The highly skilled migrant permit (kennismigrant) lets a recognised sponsor bring a non-EU employee to the Netherlands without a work permit, provided the salary meets the IND threshold. Alongside it sit the EU Blue Card and the orientation year for graduates. Law & More advises employees and employers on the route, the application and what happens when someone changes jobs.

How the routes differ

The national highly skilled migrant scheme rests on two conditions. The employer must be recognised as a sponsor by the IND, because only a recognised sponsor (or its representative) can file the application. And the employee must earn at least the salary threshold, which differs by age group and is lower for graduates who start work shortly after their studies or orientation year. The thresholds are adjusted periodically and are published on ind.nl; the IND also assesses whether the salary is in line with the market.

The EU Blue Card is based on European rules and sets its own conditions: an employment contract of at least six months, higher education or equivalent relevant experience, and its own salary threshold. Recognition as a sponsor is not required, which can make it the practical route for an employer that is not recognised.

The orientation year (zoekjaar) is the usual stepping stone for graduates. It is valid for one year, cannot be extended, and allows free access to the labour market without a work permit. Someone who moves into a highly skilled migrant job during or shortly after that year qualifies for the reduced salary threshold, so the timing of the next application matters.

Outside these routes the main rule of Dutch labour migration law applies. Under Article 2 of the Aliens Employment Act an employer may not have a foreign national work in the Netherlands without a work permit or a single permit for work with that employer. Under Article 19d the administrative fine can run up to the fifth-category amount.

Changing employer

A highly skilled migrant permit is tied to the sponsor. When the employee moves to another employer, that employer must be a recognised sponsor and must notify the IND; the IND then checks whether the conditions, including the salary threshold applicable at that moment, are still met. The outgoing employer has its own duty to report the end of the employment. Working for an employer that is not a recognised sponsor removes the basis for the permit and exposes the employer to a fine. Check the public register of recognised sponsors before signing anything.

What we do

• Assess which route fits — highly skilled migrant, EU Blue Card or orientation year — and what it means for partner and children.
• Check the employment contract and salary against the applicable threshold before the application is filed.
• Prepare and file the application, and respond to requests for further information.
• Plan a change of employer so that no gap arises in lawful residence.
• File an objection or appeal against a refusal or a withdrawal, and request interim relief where needed.
• Advise employers on recognised sponsorship, reporting duties and record keeping.

Decision periods and deadlines

Under Article 25 of the Aliens Act 2000 the IND decides within 90 days; that period may be extended by up to six months if advice or investigation by third parties or the public prosecution service is needed. For complete applications from recognised sponsors the IND publishes a shorter service standard. The period for lodging an objection or appeal is four weeks (Article 69 Aliens Act 2000); see objections against IND decisions.

What it costs

We work on an hourly basis: 250-350 euro for a lawyer and 300-400 euro for a partner, excluding VAT. The first introductory meeting is free of charge. The IND charges its own application fees on top; the current amounts per permit type are published on ind.nl. Law & More does not work on legal aid (toevoeging).

Contact

Call +31 40 369 06 80 or email info@lawandmore.nl. Our office is at Marconilaan 13, 5612 HM Eindhoven; we also receive clients by appointment at Pietersbergweg 291 in Amsterdam. We act for clients throughout the Netherlands, in Dutch and English.

Frequently asked questions

Does my employer have to be a recognised sponsor?

For the national highly skilled migrant scheme, yes: only a recognised sponsor can file the application. The EU Blue Card does not require recognition. If your employer is not in the public register, recognition has to be applied for first, or another route has to be considered.

How long does the IND take?

The statutory period is 90 days, extendable by up to six months where advice or investigation is needed. In practice, complete applications from recognised sponsors are decided considerably faster; the IND publishes its service standards on ind.nl.

Can I change jobs without losing my residence right?

Yes, provided the new employer is a recognised sponsor and notifies the IND in time. The salary threshold is tested again, and a different threshold may apply than at your first application. It is safer to have the route confirmed before signing a new contract.

Does the 30% ruling come with the permit?

No. The 30% ruling is a tax facility with its own conditions and is separate from your residence permit. We do not advise on tax matters; a tax adviser or the Dutch tax authorities can help with that.

Can my partner come with me and work here?

A partner and minor children can apply for residence as family members, in most cases together with your own application. Whether your partner may work without restriction depends on the permit granted. See family reunification.