Both you and your employer are obliged to notify IND of all changes that relate to the validity of your residence permit. Recognition as a sponsor has a number of advantages: 1. Exceptions to the income threshold. You cannot change employer with a general Tier 2 visa unless you have prior permission from the Home Office. As the Dutch economy continues to flourish, a trend is starting to develop. Is Mr. Anderson allowed to stay in the Netherlands and work for company B, after terminating his employment with company A? You will not be the first very unfortunate expat who finds out that their employer has caused a residence gap due to filing the application one day too late. This search period allows you to find a new position as a highly skilled migrant working for another employer who is a recognised sponsor. This is referred to as the HSMP. This may apply, even if you continue to do the same work in the same place. One day, Mr. Anderson gets fed up. The flow chart will help you to determine which regulations and schemes are applicable in … The Dutch Immigration Service makes the assessment whether a company can be a trusted partner for the Immigration Service and be accepted as recognised sponsor. continues to flourish, a trend is starting to develop. If you have yet to secure your first job as an expat, then take a look into how to apply for a job in the Netherlands. As a highly-skilled worker, you can obtain a work permit without the need for prior labour market analysis. We have created some scenarios to help explain what you must do. See privacy statement for more info. The rules surrounding changing your employer will vary, depending on your nationality and your personal circumstances. If, for example, you have earned a salary with your former job that meets the income requirement for highly skilled migrants younger than 30, and you change the job after you have turned 30, the new employer must pay you the salary applicable to highly skilled migrants for 30 years and older. The application must be submitted by your employer. The arrangements that you and your employer make about termination of employment should therefore take your entitlement to the 30% ruling into account. If you are from a non-EU country and are working as a knowledge migrant in the Netherlands, you might want to change jobs too. 3. © Copyright 2019 GMW lawyers | All Rights Reserved, Top 10 points in a Dutch employment contract, Stepparents, pay attention: these are your duties, Booking.com employee facing termination? Upon the invitation of a recognized sponsor, as a ‘Highly Skilled Migrant’: In this case, you will have to complete a combined application for entry. GMW advocaten takes your privacy seriously. Unemployment benefits (WW) Netherlands For a list of recognised companies please check the public register recognised sponsorsExternal link. Now, they wish to change to ’employer B’. However, depending on where you are from, there might be some further steps you need to take. This must be done within 28 days of Mrs. Andala’s arrival. If a termination is unavoidable, please contact us as soon as possible to discuss your options. The application for the Dutch residence permit must be submitted by the foreign national employee to the Dutch Immigration and Naturalization Service. 2. – If your residence permit expires before that three month term, then the duration of your search period will be shorter. To do it, employer A must fill out a notification form, Employer B must inform the IND about the inclusion of a new employee within their company. When moving to another country, you face the question: what should you do with your ... Are you wondering what it is like to drive a car in the Netherlands? Especially, it is very important to be sure that your new employer is a “recognized sponsor” with the IND, the Dutch immigration service. I want to change my job, but the company is US based and of course not "recognised sponsor", which is required for my residence permit. Highly skilled migrants can also change their purpose of stay into ‘labour’ after five years, which allows them to work without a work permit and without meeting the requirements for the highly skilled migrant scheme. Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. Do not underestimate the importance of civic integration, especially if you intend to stay in the Netherlands for a longer period of time, or perhaps even indefinitely. What you need to know, Everything you need to know about applying for the NOW, Transitional compensation fee to be requested from April 1, 2020. These income requirements are not applicable if you’re being hired b… Applying for a Highly Skilled Migrant permit An employer can file an application on behalf of the Highly Skilled Migrant. In order to transfer Mr Anderson to employer B, employer A needs to do: nothing! The employer/company has registered at the Integration & Naturalisation authorities (IND) for the Highly Skilled Migrant Program; and; To be considered as a Highly Skilled Migrant the applicant is required to earn an annual salary of at least € 50.183 if he or she is over 30 years of age. Since then, he has been working for company A for almost three years. 4. Most Tier 2 visas are used in connection with just one job. To do this, employer B must fill out a notification form, Mr. Anderson is a US Citizen and an Intra-Company Transferee. Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again. You are willing to undergo a tuberculosis testExternal link upon arrival in the Netherlands. Neither she, employer A nor employer B needs to take any further action. Conditions for the employer. If your employer changes due to, for example, a transfer of undertakings, please note that the recognised sponsorship does not automatically transfer to the new (formal) employer. Your employer should apply for a residence permit as a highly-skilled migrant on your behalf. Ms. Schmidt is German. We offer legal advice for a fixed fee, Purchase agreement for a house – what you need to check, Tenancy agreements 2020 – know your rights, Voluntary departure scheme? Once the IND has received the declaration and everything is in order, you will receive a login name and a password. These could make it more complicated for you to change employer in the Netherlands. As a highly skilled migrant in the Netherlands, your residence rights are often linked to your job. It said that only after this must she return to India, As long as Mrs. Andala fulfills the conditions for her status as an HSM, she can remain in the Netherlands and change her employer. Like your (former) employer, your new employer must be an IND recognised sponsor. As an ‘EU National’: If you are in this category, you will not need any kind of residence permit in order to work in the Netherlands, 2. 8% holiday allowance [2020]; The highly skilled migrant (younger than 30 years) earns a minimum gross salary of €3,381 per month, excl. There are also other types of permits attempting to attract highly skilled migrants, such as the EU Blue Card and the permit for intra-corporate transferees. Both garden leave and a search period can cause a loss of entitlement to this important scheme. As an employer, you can have your company be recognised as a sponsor by the IND. Read this article, to find out which laws apply to you. There are certain requirements employer B must meet, before their company can even use the Intra-Company Transfer Procedure: Once employer B has fulfilled these requirements, they can use the procedure. A foreign national who has been granted a residence permit as a knowledge migrant does not need to apply for a change of restriction if he changes employer, provided he still meets the conditions for residence as a knowledge migrant. Read this article, to find out which laws apply to you. Be sure to check this with both you current and future employer, to ensure that you remain above the law. IND publishes the register of recognised sponsors on its website. The income requirements to qualify as a highly skilled migrant are subject to change, and changes every year. Income requirement for highly skilled migrants. This is because: However, unlike Ms. Schmidt, there are further actions that must be taken by Mrs. Andala herself, employer A and employer B. 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