Highly skilled migrant scheme: salary criteria, sponsor and duties

A woman and a man examining a technical model on a workbench in an open-plan workspace

The highly skilled migrant scheme (kennismigrantenregeling) lets a Dutch employer hire a non-EU professional on the strength of salary alone, without a diploma requirement, a labour market test or a separate work permit. The main exceptions: the employer must already be a recognised sponsor of the Immigration and Naturalisation Service (IND), and the salary must meet a threshold that is reset every 1 January. If your employer is not a recognised sponsor, a single permit (GVVA) with a labour market test may be the alternative.

It is the route by which most non-EU professionals come to work in the Netherlands. Below we explain how the salary criterion works, what recognition as a sponsor involves, how the procedure runs and which duties the scheme places on employer and employee.

What is the highly skilled migrant scheme?

It is a combined residence and work permit for a foreign national who works for a specific employer at or above a set salary. Salary replaces the usual tests of qualifications and labour market need.

The legal basis is Article 3.30a of the Aliens Decree 2000 (Vreemdelingenbesluit 2000), read with Article 14 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw). No degree is required and the vacancy does not have to be advertised first. The employer does not need a work permit (tewerkstellingsvergunning) under the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav) for a highly skilled migrant admitted on this basis.

If an employer is willing to pay above the threshold, the market is taken to have shown that the worker is needed. The salary criterion is therefore the core of the scheme, and it is where most applications fail.

The residence permit carries a note that work is only allowed for the named employer. A change of employer requires a new application by the new employer, not a simple notification. The permit is valid for the duration of the employment contract, up to a maximum of five years.

How does it differ from other work permits?

The main alternatives are the EU Blue Card, the intra-corporate transferee permit, the orientation year and the self-employed permit. Each has different conditions and different consequences for your future residence.

The EU Blue Card

The Blue Card is the European variant. It requires a completed higher education programme of at least three years or, for certain ICT roles, relevant professional experience; the national scheme requires no qualification at all.

The Blue Card has one standard salary threshold and a reduced one for recent graduates. The employment contract must run for at least six months. The employer does not need to be a recognised sponsor, which makes the Blue Card the usual alternative for a company without recognition.

The Blue Card’s advantage is mobility. After an initial period it allows a move to another EU member state without starting again, and residence elsewhere in the EU can count towards long-term resident status. The national permit offers neither. For a career that stays in the Netherlands the national scheme is usually faster; for one that may move on, the Blue Card can be worth the extra paperwork.

The intra-corporate transferee permit

The intra-corporate transferee (ICT) permit implements Directive 2014/66/EU and covers transfers within a group from outside the EU to a Dutch entity. The conditions are set out in the Aliens Decree 2000.

It applies to managers, specialists and trainee employees who have already worked for the group outside the EU, the EEA and Switzerland for a minimum period. Stay is limited to three years for managers and specialists and one year for trainees. The salary must be in line with the market and meet the same thresholds as for highly skilled migrants. Time on an ICT permit counts as temporary residence and does not lead to permanent residence.

The orientation year

The orientation year (zoekjaar hoogopgeleiden) is a one-year permit for graduates of Dutch institutions, graduates of qualifying foreign universities and researchers. It must be applied for within three years of graduation or of completing the research.

During that year you have free access to the labour market: any employer, any job, no work permit and no salary threshold. It is not a highly skilled migrant permit, but it is the usual bridge to one, and it gives access to the reduced salary criterion discussed below.

The self-employed route

A self-employed person cannot use the scheme, because it requires an employer and an employment contract. Self-employed applicants are assessed on a points system for experience, business plan and added value to the Dutch economy, on the advice of the Netherlands Enterprise Agency (RVO).

Separate rules apply to innovative start-ups and, for US nationals, to the Dutch-American Friendship Treaty. A payroll construction that only creates the appearance of employment is exactly what the IND looks for.

Why must the employer be a recognised sponsor?

Only an employer recognised by the IND as a sponsor (erkend referent) can apply for a highly skilled migrant. Recognition must be in place before the application is filed; it cannot be arranged in parallel with the first hire.

Recognition is granted under Article 2c of the Aliens Act 2000. The IND checks registration with the Chamber of Commerce (KvK), the continuity and solvency of the business and the reliability of the company and its directors. Companies with a short trading history are referred to the Netherlands Enterprise Agency for advice. The statutory decision period is three months, although established companies often receive a decision sooner.

The IND charges a fee for recognition, with a considerably lower rate for companies with 50 employees or fewer, counted across the group. The fee is not refunded if recognition is refused. The amounts are adjusted every 1 January and published on ind.nl.

Recognition is a status that carries obligations. The IND can suspend or withdraw it under the Aliens Act 2000, for example after breaches of the sponsor’s duties or when a company has not used its recognition for a long time.

How is the salary criterion set?

The salary criterion is a gross monthly amount, excluding holiday allowance, that is indexed every 1 January. There are three national bands: one for migrants aged 30 or over, a lower one for migrants under 30 and a lower one again for recent graduates.

The amounts are adjusted by ministerial regulation in line with the collective labour agreement wage index of Statistics Netherlands (CBS). They are announced in the Government Gazette (Staatscourant) in December and published on ind.nl. For 2026, the IND applies the following gross monthly amounts, excluding holiday allowance:

  • highly skilled migrant aged 30 or over: EUR 5,942;
  • highly skilled migrant under 30: EUR 4,357;
  • reduced criterion for recent graduates and former orientation year permit holders: EUR 3,122;
  • EU Blue Card: EUR 5,942, or EUR 4,754 under the reduced Blue Card criterion.

These figures change every year. Always check the current table on ind.nl before you make an offer. A figure that is two indexation rounds old can be several hundred euros too low, which is enough for a refusal after the fee has been paid and the candidate has resigned elsewhere.

Which age band applies?

The amount that applies on the date of the application is decisive. A migrant who was under 30 when first admitted does not fall out of the scheme on turning 30.

According to the IND, a migrant who started under the under-30 band keeps the lower band on an extension with the same employer, at the amount then in force. After a change of employer, a migrant who has turned 30 must meet the higher band.

The reduced criterion for graduates and researchers

The reduced criterion applies if the migrant held an orientation year permit, or graduated from a Dutch institution or a qualifying foreign programme, and starts highly skilled work within three years of graduating. It also covers people who completed a PhD or scientific research in the Netherlands.

It is a starting rate. On a later application outside the three-year window, the ordinary band for the migrant’s age applies. An employer that budgeted only for the reduced figure then faces a sharp increase.

What counts towards the salary criterion?

Only fixed, guaranteed gross wages paid monthly count. That is the fixed gross monthly salary in the contract plus fixed allowances that are agreed in the contract, unconditional, paid monthly and transferred to the employee’s bank account.

The following do not count:

  • the holiday allowance, although it is a statutory entitlement;
  • bonuses, commission, profit sharing and other variable pay;
  • overtime pay and shift or irregular hours supplements;
  • payments in kind, such as a company car, housing, insurance or school fees;
  • expense allowances and one-off payments.

This explains a common surprise. An offer of a monthly sum plus the statutory holiday allowance is not the same as an offer of that sum including holiday allowance. In the second case the fixed monthly wage is about eight per cent lower, and that difference often decides whether the threshold is met. The 30% ruling for expats is a tax facility and does not change the gross figure the IND assesses; questions about it are for a tax adviser.

Is the salary in line with the market?

Meeting the threshold is necessary but not always sufficient. The IND can refuse if the agreed salary deviates strongly from what is customary for comparable work, and may ask the Employee Insurance Agency (UWV) for advice.

The test works both ways. A junior administrative role paid exactly at the threshold raises the question why that salary is paid; so does a sudden jump from an orientation year salary at the same employer with no change in duties. Employers should be able to place the salary within a pay scale, a collective agreement or comparable positions.

How does the application work?

The recognised sponsor files the application, normally through the IND business portal. Where the migrant’s nationality requires a provisional residence permit (machtiging tot voorlopig verblijf, MVV), the entry and residence procedure (TEV) produces the visa and the residence permit in one decision.

For the employee, the procedure usually runs as follows:

  • Job offer from a recognised sponsor. Check the public register of recognised sponsors on the IND website; only an employer in that register can apply for you.
  • Application by the employer to the IND. If you need an MVV, it is applied for together with the residence permit.
  • Collection of the MVV at the Dutch embassy or consulate in your home country, if required, and travel to the Netherlands.
  • Registration with the municipality, which gives you a citizen service number (BSN) for your salary, bank account and health insurance.
  • Collection of your residence permit at an IND desk and taking out Dutch health insurance, which is compulsory.

How long does the IND take?

The statutory decision period for a regular residence application is 90 days (Article 25 of the Aliens Act 2000). For recognised sponsors, the IND aims to decide within about two weeks, once the file is complete.

The decision period is suspended if documents are missing, which is the usual cause of delay. If the IND does not decide in time, you can give notice of default and then appeal against the failure to decide. Since 15 April 2025 the IND no longer owes a penalty payment (dwangsom) for a late decision, but the court can still order the IND to decide within a set period, with a penalty for each day it misses.

A fee is payable for each applicant. The highly skilled migrant permit and the EU Blue Card carry the same fee; a partner and children pay lower fees. The table is published on ind.nl and changes every 1 January.

What does the application file contain?

The IND decides on paper. An application missing one legalised document waits, so start collecting documents before the contract is signed.

From the employee, the IND usually needs:

  • a passport that is valid well beyond the intended start date;
  • a birth certificate, legalised or apostilled, and translated by a sworn translator if it is not in Dutch, English, French or German;
  • the antecedents declaration that forms part of the application, and a tuberculosis test declaration for nationals of countries on the IND’s list.

From the employer, the IND usually needs:

  • the signed employment contract, stating the position, gross monthly salary, hours, start date and pay frequency;
  • the IND appendix on employment conditions, signed by both parties;
  • the Chamber of Commerce details and the sponsor’s IND recognition number, and on request the articles of association and the most recent annual accounts.

Most avoidable problems sit in the contract. A salary stated only as an annual figure, unclear hours or a start date that has already passed can each cost weeks.

Can your partner and children come with you?

Yes. Your spouse or registered partner, an unmarried partner in a lasting relationship and your minor children can apply at the same time as you, which is faster and cheaper than a separate application later.

The file needs a legalised marriage certificate or proof of registered partnership, birth certificates for each child, proof of parental authority where relevant, and evidence that the salary is sufficient to support the family.

The advantage over ordinary family reunification is what your partner may do here. A partner of a highly skilled migrant may work for any employer, or as self-employed, without a separate work permit. Children attend school on the same footing as Dutch pupils. Once they turn eighteen they need a residence permit of their own, and that is when families are most often caught out.

What do you need to arrange after approval?

After approval a short series of appointments follows. Most deadlines run from your arrival, not from the decision.

  • Travel on the MVV, if one is issued, within its 90-day validity.
  • Collect your residence card from the IND and check it at the desk: the spelling of your name, the period of validity and the note on the labour market. Errors are much easier to correct on the spot.
  • Register with the municipality within five days of moving in, with your passport, rental contract and legalised civil status documents.
  • Take out Dutch basic health insurance within four months; late enrolment leads to a fine.
  • Arrange a DigiD and, if your nationality requires it, the tuberculosis test within three months.

What are the sponsor’s ongoing duties?

A recognised sponsor has three standing duties under the Aliens Act 2000: the duty to inform, the duty to keep records and the duty of care.

The details are in the Aliens Regulations 2000 (Voorschrift Vreemdelingen 2000) and the Aliens Decree 2000:

  • The duty to inform. The sponsor must notify the IND within four weeks of any change relevant to the right of residence, such as the end of the employment, a salary reduction, a change of position or a change in the legal entity within the group. A reduction described internally as temporary must also be reported.
  • The duty to keep records. The sponsor must keep a file on each migrant for five years after the employment ends, with the passport and residence document, the signed contract, payslips and payroll records, and evidence of the qualification where the reduced criterion was used.
  • The duty of care. The sponsor must inform the migrant properly about the conditions of entry and residence, recruit and select carefully, and in some cases bear the costs of the migrant’s departure.

Breaches are sanctioned with an administrative fine from the IND and, in serious or repeated cases, with suspension or withdrawal of recognition. Withdrawal is the real sanction: it not only stops future hiring but also affects every migrant already employed on that recognition.

Why is supervision increasing?

The scheme is under political scrutiny because of constructions in which a migrant is nominally employed at the threshold salary while the real work and pay lie elsewhere. The response has been more supervision rather than different thresholds.

Together with the Netherlands Labour Authority (Nederlandse Arbeidsinspectie), the IND compares reported salaries with payroll and tax data and follows up discrepancies. Late reporting of a salary reduction or a change of position is a breach in itself. Secondment constructions, in which the migrant works for a third party while the sponsor remains the formal employer, attract particular attention.

A recognised sponsor therefore needs a process: a named person responsible for compliance, a calendar for permit expiry dates and four-week reporting deadlines, and files that can be produced on request.

What happens if the employment ends?

When the employment ends, the permit loses its basis and the employer must report this. You then have a search period to find a new job with a recognised sponsor: three months in the ordinary case.

Under the EU Blue Card rules, the search period is six months once the card has been held for two years or more; for the national scheme, three months is the rule. The search period only runs within the validity of your current permit, so a permit that expires soon after the job ends may need to be extended.

The period generally starts when the employment actually ends, not when the dismissal is announced. The reason for the dismissal does not affect the search period, but it matters elsewhere. If you resign without a new job, you risk your unemployment benefit as well as your residence. A settlement agreement negotiated without regard to residence can create both problems at once.

Family members hold derived permits. If your permit is withdrawn, the rights of your partner and children end with it, including the partner’s right to work. Because losing a job starts the search period, it helps to know in advance how to choose an employment lawyer in the Netherlands.

Does the scheme lead to permanent residence?

Yes. Residence as a highly skilled migrant is non-temporary and counts towards the five years of continuous lawful residence required for a Dutch permanent residence permit or the EU long-term resident permit.

The other conditions are sufficient and stable independent income, continuous main residence, an unbroken chain of permits and the civic integration exam at level A2 or an exemption. Time on an ICT permit or an orientation year permit does not count, because the IND treats both as temporary purposes of stay. For naturalisation the counting rules differ: earlier temporary residence can count, provided you hold a non-temporary permit when you apply.

Naturalisation under the Dutch Nationality Act (Rijkswet op het Nederlanderschap) currently requires five years of uninterrupted lawful residence, the civic integration exam and, in principle, renunciation of your previous nationality, with exceptions. Proposals to extend the period to ten years have been discussed but have not entered into force.

What can you do if the IND refuses?

You can lodge an objection with the IND within four weeks of the decision, and appeal to the court if the objection fails. In immigration cases the period is four weeks, not the six weeks of general administrative law.

Refusals usually come down to four causes: a salary below the criterion for the applicant’s age or category, an employer that turns out not to be a recognised sponsor, an incomplete file, or an earlier period of unlawful stay. The first three can be prevented before filing. Our guide to the objection procedure explains how an objection works. If the refusal rests on a missing document, you can usually still submit it with the objection.

What legal questions often follow?

A residence permit is rarely the only legal question when you move to the Netherlands. The questions that follow most often concern the employment contract the permit depends on, the company a founder needs, and what happens to a family when a relationship ends while one partner’s right to stay depends on the other.

What should you check as an employer?

Most refusals and fines trace back to a few points the sponsor could have checked in advance. Before you make an offer and while the migrant works for you, check:

  • That your company is in the IND public register of recognised sponsors before you file anything.
  • That the fixed gross monthly salary, excluding holiday allowance, meets the 2026 criterion for the candidate’s age or category.
  • That the contract states the monthly salary, hours, position and start date clearly.
  • That a salary reduction, change of position or end of employment is reported to the IND within four weeks.
  • That you keep each migrant’s file for five years after the employment ends.

What should you check as an employee?

Your residence depends on your employer’s status and on the salary actually paid. Check these points before you accept an offer or sign a settlement:

  • That the employer appears in the IND public register of recognised sponsors.
  • That the offered salary meets the criterion without counting holiday allowance, bonuses or allowances in kind.
  • That your passport and legalised birth certificate are ready before the employer files the application.
  • That you register with the municipality within five days of moving in and take out health insurance within four months.
  • If your job ends: when the three-month search period starts and whether your permit is still valid for that period.

What can we do for you with the highly skilled migrant scheme?

Our highly skilled migrant lawyers advise employers on recognition and sponsor compliance, and employees on their permit, contract and options when employment ends.

  • We check whether your company meets the IND conditions for recognition as a sponsor and prepare the application.
  • We test the employment contract and salary against the current IND criterion before the application is filed.
  • We set up a compliance calendar for the four-week reporting duty and permit expiry dates.
  • We draft the objection and file it with the IND within the four-week deadline after a refusal.
  • We review a settlement agreement for its effect on your residence permit and unemployment benefit.

Summary

  • The highly skilled migrant scheme admits non-EU professionals on the basis of salary, without a diploma requirement or separate work permit.
  • The employer must be a recognised sponsor before filing; recognition carries ongoing duties to inform, keep records and exercise care.
  • The salary criterion is a gross monthly amount excluding holiday allowance, reset every 1 January; bonuses, allowances in kind and overtime do not count.
  • After losing your job you have three months to find a new recognised sponsor; an EU Blue Card holder gets six months after two years on the card.
  • Objections against an IND refusal must be lodged within four weeks.

Frequently asked questions

Which jobs count as highly skilled in the Netherlands?

There is no list of qualifying jobs. The test is the salary: a recognised sponsor must pay at least the criterion for your age or category, in 2026 €5,942 gross a month from age 30, at a level that is usual for the work.

Does the holiday allowance count towards the threshold?

No. The criterion is measured against the fixed gross monthly wage excluding holiday allowance. Bonuses, overtime, expense allowances and benefits in kind, such as a car or housing, are also excluded.

Can an employer hire a highly skilled migrant before becoming a recognised sponsor?

No. Recognition must be in place before the application is filed, and the statutory decision period for recognition is three months. An employer that needs someone sooner can consider the EU Blue Card, which does not require recognition.

What happens if a highly skilled migrant loses their job?

The employer must report the end of the employment to the IND within four weeks. The migrant then has a search period of three months to find a new recognised sponsor, or six months for an EU Blue Card holder after two years on the card.

Does a highly skilled migrant’s partner need a separate work permit?

No. A partner admitted to join a highly skilled migrant may work for any employer, or as self-employed, without a separate work permit. The right ends if the main permit is withdrawn or not extended.

Ruby van Kersbergen
Ruby van Kersbergen is an attorney-at-law at Law & More in Eindhoven and Amsterdam. She specialises in contract law, corporate law and corporate legal services, and also works in migration law.

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This article provides general information and is not a substitute for advice on your specific situation.

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