News - Netherlands

Netherlands - March 2014

New salary requirements for highly skilled migrants

Employers who hire employees from outside the European Union, the European Economic Area or Switzerland must possess a work permit. The employee must possess a residence permit. Employees may under certain conditions qualify for a residence permit as a highly-skilled migrant. In that case a work permit is not required. In order to apply for the highly-skilled migrant status, among others, a salary threshold has to be met. Until recently, the salary threshold was based on the  annual gross salary. As of 1 January 2014 the salary threshold is applied on a monthly basis:

  • For employees over the age of 30: gross salary of 4,048, exclusive statutory holiday allowance
  • For employees under the age of 30: gross salary of 2,968, exclusive statutory holiday allowance
  • Foreign university students (who graduated in the Netherlands): gross salary of 2,127, exclusive statutory holiday allowance

Although the statutory holiday allowance is in most cases paid to the employee once a year, it may be taken into account for the monthly salary test. Also, the salary must now be transferred to a bank account in the name of the employee.

By introducing these measures it becomes easier for the Dutch government to enforce that the highly- skilled migrant program is applied legally.

Resources

Regulation of the Minister of Social Affairs and Employment, November 28, 2013 (in Dutch language)

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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