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:

  • Effective Jan. 1, 2025, individuals who seek to apply for the following categories must show proof that their monthly income equals or exceeds the following amounts at the time of filing, excluding the 8% holiday allowance:
Type 2025 gross required amount per month without holiday pay
Highly skilled migrants aged 30 and over € 5688
Highly skilled migrants younger than 30 years old € 4171
Reduced salary criterion Highly skilled migrants € 2989
European Blue Card € 5688
Reduced salary criterion European Blue Card € 4551

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.

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 authorities have announced changes to the business portal login process for intermediaries requiring the use of chain authorization.

Key Points:

  • Beginning Nov. 4, intermediary users within the Immigration and Naturalization Service (IND) Business Portal will be required to log in using chain authorization.
  • Sponsors or recognized sponsors use the IND Business Portal to view the status of submitted applications or for other various services. Authorized intermediaries are also able to file applications in the system on behalf of recognized sponsors, currently based on a direct registration authorization with the IND.
  • After Nov. 4, an authorization by the IND will no longer be valid. Sponsors and intermediaries will be required to apply for chain authorization for the intermediary and register with an eHerkenning supplier.

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.

This alert has been provided by the BAL Global Practice Group.

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.

Key Points:

  • The EU Blue Card Directive establishes the conditions of entry and residence of highly qualified non-EU nationals in 25 EU countries. The European Union issued a directive in 2021 to update the existing EU Blue Card scheme, and the Netherland’s new regulations are intended to implement the directive domestically.
  • The new legislation updates key provisions, including:
    • Foreign nationals with five years of professional experience in a relevant field may now qualify for an EU Blue Card; previously, all applicants required relevant academic experience. Information and communication technology (ICT) professionals with at least three years of relevant work experience in the last seven years are now eligible for the EU Blue Card, and do not require higher education qualifications.
    • Employment contracts may now last six months where previously there was a 12-month minimum duration requirement.
    • The minimum salary for an EU Blue Card has been updated to 5,331 euros (about US$5,707) gross per month. Previously, the minimum salary requirement was 6,245 euros and it has now been aligned with the national highly skilled migrant scheme.
    • The maximum validity of the EU Blue Card has been extended from four years to five years, which includes the duration of employment plus three months.

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.

This alert has been provided by the BAL Global Practice Group.

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 authorities have updated the document retention requirements for recognized sponsors employing certain highly skilled migrants.

Key Points:

  • Recognized sponsors are currently required to retain pay slips and diploma copies for highly skilled migrants who were subject to reduced salary thresholds for five years after their employment ends.
  • Effective April 1, a sponsor or recognized sponsor must also retain copies of documents certifying the education credential(s) of the highly skilled migrant as well as documents proving the worker meets English or Dutch language requirements for five years after their employment ends if the skilled migrant’s respective education program was not in English or Dutch.

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.

This alert has been provided by the BAL Global Practice Group.

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.

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.

Key Points:

  • Visa-exempt foreign nationals with residence permits will not be required to leave the Schengen area to apply for the 90-day visa-exempt period.
  • Although they will not be required to submit applications for the 90-day period, visa-exempt foreign nationals must meet all requirements for a short-stay visa.
  • The new benefit does not apply if the foreign national’s residence permit has been withdrawn or if a return decision has been issued.

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:

  • The highest judicial body, the Council of State, delivered a recent decision regarding a group of approximately 2,760 people who do not have Ukrainian nationality but who reside in the Netherlands on the basis of a temporary residence permit for work or study.
  • The ruling states that these individuals are no longer entitled to residence under the temporary protection directive.
  • As such, third-country nationals can either apply for asylum or must exit the country within 28 days after March 4.

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.

This alert has been provided by the BAL Global Practice Group.

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 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.

Key Points:

  • Effective Jan. 1, 2024, individuals who seek to apply for the following categories must show proof that their monthly income equals or exceeds the following amounts at the time of filing their application, excluding the 8% holiday allowance:
    • Highly skilled migrants/key personnel intra-corporate transferee:
      • Applicants 30 years or older: €5,331 (about US$5,745 — up from €5,008).
      • Applicants under 30 years: €3,909 (up from €3,672).
    • Foreign nationals who graduated from Dutch universities: €2,801 (up from €2,631).
    • Individuals who seek to apply for EU Blue Cards: €6,245 (up from €5,867).

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.

This alert has been provided by the BAL Global Practice Group.

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.

Key Points:

  • Highly skilled foreign nationals who are exempt from long-term visa (MVV) requirements can continue to begin working in the Netherlands without residence documents until further notice.
  • If highly skilled foreign nationals received an approved extension but are waiting for their residence documents, they can continue to work with expired residence documents.
  • Highly skilled foreign nationals receive work authorization for up to four months if their permit approval letter mentions work authorization.
  • Those who meet the aforementioned criteria do not need a residence endorsement (VA sticker) to begin working in the Netherlands.
  • EU Blue Cards and intra-corporate transferees are excluded from this measure and cannot begin working upon arrival without valid residence documents.

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.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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 announced that new minimum wages for permit holders will take effect Jan. 1, 2023.

Key Points:

  • The national monthly minimum wage for highly skilled migrants and key personnel intra-corporate transferees who are 30 and older will be increased to €5,008.
  • Highly skilled migrants and key personnel intra-corporate transferees who are younger than 30 will need to be paid at least €3,672.
  • Foreign nationals who have graduated in the Netherlands will need to be paid at least €2,631.
  • Blue Card holders will need to be paid at least €5,867.
  • The minimum salary requirements for highly skilled migrants and intra-corporate transferees exclude an 8% mandatory holiday allowance.

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.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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.

IMPACT — MEDIUM

The Dutch government announced that it will increase the statutory minimum wage by more than 10% in 2023.

Key Points:

  • The statutory minimum wage for full-time employees who are 21 and older will increase from €1,756.20 to €1,934.45 per month on Jan. 1, 2023.
  • The current minimum wage for all ages is available here.
  • Minimum wage requirements for work-related residence permits remain unchanged by the Jan. 1, 2023, increase.

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.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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.