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IMPACT – MEDIUM
The Dutch government announced it would ease its quarantine requirements for certain travelers from “high-risk areas.”
Key Points:
Additional Information: More information regarding the Netherlands entry requirements can be found here.
BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates 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.
The Dutch government has added the U.S. to its “very high-risk country list,” increasing entry requirements for U.S. travelers.
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.
New minimum wages for permit holders will take effect Jan. 1, 2022.
Additional Information: 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 2022 budgets.
Copyright © 2021 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 implemented new entry rules for those traveling to the Netherlands from outside the EU and Schengen Area.
BAL Analysis: The Dutch government is increasing entry rules and health protocols as the virus situation evolves. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
Immigration Netherlands (IND) has reminded U.K. nationals that the Brexit application window will be closing on Sept. 30.
Additional Information: Individuals who lose legal residency status will no longer be insured, receive social benefits, be able to continue studies or take out a mortgage.
BAL Analysis: U.K. nationals who have not yet applied for residency status under the Withdrawal Agreement and intend to stay in the Netherlands should apply immediately to avoid negative repercussions.
Copyright © 2021 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 Ministry of Health recently announced that it would no longer require fully vaccinated travelers from high-risk areas to self-quarantine upon arrival in the coming week.
Additional Information: All travelers over the age of 12 who arrive by air must complete and carry a health declaration form before arrival.
BAL Analysis: The Dutch government is easing travel restrictions and health protocols as the virus situation improves in the country. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
The Ministry of Social Affairs and Employment recently updated the required income amounts needed for family reunification applications in the Netherlands.
Additional Information: The income amounts considered by the Immigration and Naturalization Service (IND) as adequate financial resources are updated every six months. More information on income requirements for specific applications can be found here.
BAL Analysis: The new income thresholds listed above only apply to family reunification applications. Bringing dependents under employment-based applications will remain unaffected by the new standard income thresholds.
This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.
The Dutch government launched an essential start-up personnel permit on June 1 for highly skilled non-EU nationals working at a start-up company.
The requirements include:
Additional Information: A start-up will be deemed innovative if they are creating an original product or service for the Netherlands. Start-ups, facilitators or non-EU nationals can apply for the residence permit at the Immigration and Naturalization Service office. Applicants must meet the set of general conditions to meet eligibility requirements. The permit is open to applications from June 1, 2021 to June 1, 2025.
BAL Analysis: The Dutch government is creating a new pathway for start-up companies to hire international workers. Employers interested in the program are encouraged to work closely with their immigration provider to determine their best options to meet their hiring needs.
This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.
The Netherlands government has extended the Brexit application deadline for U.K. nationals and their family members who are residents of the Netherlands.
Background: There were roughly 45,000 U.K. nationals living in the Netherlands who were required to obtain a residence permit because of Brexit. The Netherlands extended the deadline to investigate why 3,000 registered U.K. nationals have not applied for the pass. Officials said that it could be that some of these people have left the Netherlands. Those who remain in the Netherlands who have not yet applied for the permit will be encouraged to do so. Officials said that of the U.K. nationals who have applied for the permit, 99 percent have been approved.
BAL Analysis: U.K. nationals are encouraged to apply for the Brexit pass in order to retain authorized residency in the Netherlands.
Dutch authorities have provided details on the steps employers must take when pay for a highly skilled migrant drops below the required salary minimum because the migrant is on leave or participating in a strike.
In the Netherlands, Highly Skilled Migrant permit holders can drop below required salary minimums without adverse impacts to their immigration status if they make use of statutory leave, or their right to strike, on the condition that the employer provides notice of the drop in salary in time to the Immigration and Naturalisation Service (IND).
In its recent newsletter, the IND confirmed that this applies to the following types of leave that are specified in the Dutch Work and Care Act (Wet Arbeid en Zorg or WAZO):
The conditions that must be met when an employee makes use of one of the leaves listed above are:
In addition, for leave under the Dutch Work and Care Act, the highly skilled migrant and employer must be able to demonstrate that the migrant is entitled to paid or unpaid leave. In cases involving care leave, the employer and/or migrant must be able to show that the care is necessary. Employers must document the employee’s leave, keep this documentation in their records and be able to produce the records if requested by the IND.
The IND also confirmed in its newsletter that pay for highly skilled migrants can drop below the required salary minimum if the highly skilled migrant exercises his or her right to strike. In such cases, there will be no adverse impacts on residence status on the condition that the employer provides notice of participation in the strike and the impact on the employee’s salary within four weeks. This notice must be provided through the business portal or the required notification form.
Analysis & Comments: Employers should be sure they have the internal procedures in place to meet the conditions listed above. Employers must be sure to document highly skilled migrants’ leave properly and provide records if requested. Deloitte is able to assist employers as needed.
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