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Netherlands officials have published the 2025 required salary thresholds for applications to work as a highly skilled migrant and for the European Blue Card.
Key Points:
Additional Information: On Jan. 1, 2025, the government will also increase the country’s hourly minimum wage. The minimum wage amount (before tax) for those who are 21 and older will increase from € 13.68 to € 14.06 per hour. The hourly minimum wage is the same for all employees aged 21 years and older, however the hourly minimum wage for employees under 21 depends on their age. The current minimum wage for all ages is available here. The government will also increase the application fees for residency by 6.7% beginning Jan. 1.
Highly skilled migrants must meet the required amount that applies on the date of the application. Additional details on the income requirements can be found here and the new required amounts will be reflected on this page beginning Jan. 1. Dutch employers should consider the new salary requirements and increased fees in their business planning.
This alert has been provided by the BAL Global Practice Group.
Dutch authorities have announced changes to the business portal login process for intermediaries requiring the use of chain authorization.
Additional Information: eRecognition (“eHerkenning” in Dutch) level 3 (EH3) or higher is required to log in to the Business Portal. Chain authorization involves registering with an eHerkenning supplier, who will then facilitate the authorization process for the sponsor and the authorization of any intermediaries, who will then have access to the IND Business Portal. More information on arranging a chain authorization on eHerkenning.nl can be found here.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Netherlands authorities implemented new EU Blue Card regulations to transpose the new Directive into national law.
Additional Information: The new legislation from the Immigration and Naturalization Service also aims to relax rules for long-term mobility and residence, and unemployment through administrative policy changes among other changes. EU Blue Card holders can continue to work in the Netherlands for up to 90 days within a 180-day period without a work permit but holders who have resided for at least 12 months in another EU Member State are now eligible to enter and work for longer than 90 days without a separate visa when they previously had to wait 18 months. Finally, Blue Card holders with at least two years of employment can be unemployed for up to six months without losing their status.
BAL Analysis: The government is implementing the requirements of Directive (EU) 2021/1883 to restructure and widen the migration possibilities with an EU Blue Card. They are also revising key policies and administrative practices in addition to the Directive to make it easier for skilled workers to live and work in the Netherlands.
Dutch authorities have updated the document retention requirements for recognized sponsors employing certain highly skilled migrants.
Additional Information: Further details on the obligations of recognized sponsors can be found here. For education certification, a document must prove that on the date of the worker’s graduation, their educational institute ranked in the top 200 and that document must be issued by at least two publishers included in Article 3.23 of the Aliens Regulations.
BAL Analysis: Recognized sponsors should update their document retention policies to ensure they are compliant with the new rules and be sure they are retaining the appropriate documentation records at the worksite for a period of five years after the employer is no longer the recognized sponsor of the highly skilled migrant.
Effective Feb. 15, anyone with a visa-exempt nationality is allowed to remain in the Netherlands for 90 days after their regular residence permit expires.
Background: Prior to the change, visa-exempt nationals whose residence permit has expired or been voluntarily canceled first needed to exit the Schengen area before their visa-exempt stay could commence.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Dutch judicial authorities have ruled that certain third-country nationals who are non-Ukrainians will no longer qualify for residence under the temporary protection directive after March 4.
Key Points:
Additional Information: Those who have a pending asylum claim or received a regular residence permit are exempted from the requirement. Approximately 740 individuals have already informed officials that they intend to apply for asylum. Third-country nationals are still entitled to submit a new asylum application at this time if they believe it’s unsafe to return to their home country.
BAL Analysis: Local municipalities will continue to accommodate third-country national refugees who do not have Ukrainian nationality but who hold a temporary residence permit in Ukraine for study or work. As of March 5, those individuals will no longer receive temporary protection. Host households should be aware of the financial implications after this date and understand their new obligations.
Dutch officials published the 2024 salary thresholds for highly skilled migrants and key personnel of intra-corporate transfers as well as EU Blue Card holders and recent graduates.
Additional Information: Additional details on the income requirements can be found here. These thresholds apply to applications lodged on or after Jan. 1, 2024. Dutch employers should consider the new salary requirements in their business planning for calendar year 2024.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
IMPACT — MEDIUM
The Dutch government has extended a temporary work authorization policy, allowing certain highly skilled foreign nationals who do not have valid residence documents to begin working upon arrival.
Additional Information: Highly skilled foreign nationals are reminded that they must make an appointment to collect their residence documents and have their biometrics taken within two weeks of being notified by Dutch authorities.
BAL Analysis: Dutch authorities have granted work authorization upon arrival to certain highly skilled foreign nationals because of in-country immigration delays and difficulties in booking appointments until further notice.
The Dutch government announced that new minimum wages for permit holders will take effect Jan. 1, 2023.
BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account when planning their 2023 budgets. BAL will provide updates on the 2023 minimums for foreign workers as information becomes available.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Dutch government announced that it will increase the statutory minimum wage by more than 10% in 2023.
Additional Information: The minimum wage is mostly relevant for those who want to sponsor dependent permits and to workers over the age of 21, including employee cardholders, whose wages cannot be lower than the minimum wage. Foreign workers must be paid above the minimum wage.
BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account when planning their 2023 budgets.