News - Netherlands

Netherlands - March 2014

New developments in Dutch immigration law

Requirement for the registration of nationals of the European Union, the European Economic Area or Switzerland abolished

As of 1 January 2014, in anticipation of an amendment to the legislation, nationals of the European Union, the European Economic Area or Switzerland do no longer need to register with the Dutch Immigration Authorities (‘IND”) and obtain a confirmation sticker if they want to stay in the Netherlands for more than three months. A valid passport or identity card suffices to prove that these nationals are staying in the Netherlands legally. Some employers and companies still request these nationals to be provided with the confirmation sticker, although this is not necessary anymore. The IND has prepared a standard letter to explain the position in relation to nationals of the European Union, the European Economic Area or Switzerland.

Work permit for highly-skilled migrants who live abroad

Highly-skilled migrants are employees whose income lies above a certain level. They can obtain a residence permit as a highly-skilled migrant provided, amongst other things, that the salary requirement is met and that the employee will be living in the Netherlands for a period exceeding three months. A work permit is not required. Highly-skilled migrants who continued to live abroad while working in the Netherlands were not eligible for a residence permit as a highly-skilled migrant. As of 1 January 2014, employers of highly-skilled migrants, who remain resident in one of the EU-member states, can obtain a work permit under the following conditions:

  • The employee has a valid residence permit in the country where he is living
  • The employee is living in the other country while the work permit application is pending
  • The employer has been registered with the Immigration Authorities as a sponsor
  • The duration of the work to be performed exceeds a period of three months
  • The salary threshold for highly-skilled migrants is met (€ 4,048 gross per month, exclusive of holiday allowance for employees over the age of 30)
  • The employer must inform the Immigration Authorities as soon the employee does not have a residence permit in the other country anymore

Resources

In Dutch language:

News report from the Immigration and Naturalisation Service

Decree on foreign workers dated 7 March 2014

Regulation on the implementation of the Foreign Workers Act dated 24 January 2014

For further information or to discuss the consequences of the above, please contact Wendy Terporten on +31 10 224 6 434 at Loyens & Loeff Rotterdam http://www.loyensloeff.com.

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