Conditions and benefits of the highly skilled migrant permit, EU Blue Card and ICT permit

Article provided by Kroes Advocaten, an IN Amsterdam partner.

Residence permits for migrants in the Netherlands

Various immigration schemes have been developed to attract highly skilled migrants from outside the European Union. The most common scheme is the Dutch highly skilled migrant programme (kennismigrant). There are also other types of permits attempting to attract highly skilled migrants, such as the EU Blue Card and the permit for intra-corporate transferees. The EU Blue Card is a work and residence permit for highly qualified foreigners. The intra-corporate transfer permit, which will now be referred to as the ICT permit, is for employees of a company that belongs to a group of companies that are transferred from a group company outside the EU to the group entity in the Netherlands.

Conditions

Employment contract

Both the EU Blue Card and the highly skilled migrant programme require an employment contract with a company in the Netherlands. The EU Blue Card requires an employment contract of at least six months, and the highly skilled migrant permit (HSM) requires at least a three-month contract.

If the employee already has a contract within a company outside the EU and is transferring to a group company within the Netherlands and keeps its employment contract with the sending entity, the case will fall under the ICT Directive. In this case, it is not possible to obtain another permit, such as the highly skilled migrant permit or the EU Blue Card – regardless of whether you meet the requirements. The ICT permit holder can apply for an EU Blue Card or HSM permit upon receiving an employment contract with the Netherlands entity, or if the employee switches to a new employer outside the group.

Position

Regarding the EU Blue Card and the highly skilled migrant programme, there are no requirements about the employee’s type of job. The ICT permit, however, requires that the transferring employee must have a manager, specialist or trainee position.

Salary

All three schemes have certain salary requirements. Learn more about the latest salary requirements.

Education

The Dutch highly skilled migrant programme has no education requirements for applicants.

For the EU Blue Card requires a diploma of post-secondary education with a minimum duration of three years, and the diploma must be evaluated by the Dutch office for Evaluation of Foreign Credentials (IDW). A post-secundary education is not required of the employee has 5 years of relevant work experience preceding the application.

Managers and professionals in ICT industry lacking the required education can also qualify for the European Blue Card if they possess a minimum of 3 years of relevant work experience within the past 7 years, preceding the EU Blue Card application.

If the applicant is transferring under the ICT Directive as a manager or specialist, they must hold a Bachelor degree or have 5 years of relevant work experience. A trainee employee must hold a master’s degree.

Recognised sponsorship

A vital requirement of the Dutch highly skilled migrant permit is that the company must be approved as a recognised sponsor by the Dutch Immigration and Naturalisation Service (IND). If the company is not recognised, it cannot apply for the permit.

For the EU Blue Card and the ICT permit, the company does not need to be recognised as a sponsor.

Benefits

There are certain circumstances when the employee meets the requirements of more than one permit. If they are already working in the Netherlands, it might be beneficial to switch to another type of permit. In these situations, it is beneficial to know the advantages and disadvantages of each permit.

A huge benefit of EU Blue Card, for both the employer and the employee compared to the highly skilled migrant permit has to do with sick leave. If the Blue Card holder has – due to sick leave or disability - earned a gross monhtly salary which is less then the European Blue Card salary threshold, the EU Blue Card will not be revoked. This situation can last for a maximum of 12 months due to the illness or disability. It is also no reason to reject the renewal of the EU Blue Card.

Under the highly skilled migrant scheme it is not permitted at all, not even one day, to fall below the gross monthly salary threshold. If this happens, IND can revoke the permit.

Another benefit of the EU Blue Card is a search period of 6 months after losing employment, compared to the search period of 3 months under the highly skilled migrant programme. To qualify for the 6 months search period is that the foreigner has been in possession of the European Blue Card for at least two years. The EU Blue Card can also be renewed while being unemployed. If the employee holds the EU Blue Card for less than 2 years, the search period is also 3 months.

Speed of the application procedure

If the employer is approved as a recognised sponsor by the IND, the IND usually makes a decision within about two weeks, regardless of whether the employer applies for the HSM permit, or the ICT permit. The EU Blue Card application takes a maximum of 30 days. If the EU Blue Card is being applied based on the diploma of post secundary education, it requires an additional step before the EU Blue Card application can be submitted: the diploma or degree of the foreigner must first be evaluated by Dutch office for Evaluation of Foreign Credentials (IDW). This procedure takes between four to six weeks.

Both the Dutch highly skilled migrant permit and the ICT permit can be applied for online. This is not yet possible for EU Blue Cards.

If the employer is not recognised as a sponsor by the IND, the foreign national—the employee—isn't eligible for the highly skilled migrant permit. The application procedure for non-recognised sponsors can take up three months for the EU Blue Card and the ICT permit.

Salary

The salary threshold for the EU Blue Card is the same as the salary threshold for under the Dutch highly skilled migrant scheme and the ICT permit for applicants above the age of 30. The highly skilled migrant scheme and the ICT permit also have a lower salary threshold for employees under the age of 30. The EU Blue Card does not have a special salary threshold for this age category. This makes the Dutch highly skilled migrant and ICT permit more flexible for employers regarding the salary that they can offer to their employees. Both the EU Blue Card and the highly skilled migrant scheme also have lower salary thresholds for recent graduates.

Duration of the residence permit

For both the EU Blue Card and the Dutch highly skilled migrant permit, the duration of the scheme corresponds with the duration of the employment contract. This means that if the employee has an employment contract for one year, the permit will also be issued for one year. If the employee has a contract for an indefinite duration, both the Dutch highly skilled migrant permit and the EU Blue Card are  is issued for a maximum of five years, and the EU Blue Card is issued for a maximum of four years. Both permits can be extended.

The ICT permit is considerably less flexible in this regard. The permit is issued for a maximum of three years for managers and specialists and one year for trainees. The ICT permit cannot be extended; to remain in the Netherlands, the employee must apply for example for the EU Blue Card or the highly skilled migrant permit. one of the other permits.

Employment as entrepreneur allowed for holders of the Dutch highly skilled migrant permit and EU Blue Card holders

Holders of a Dutch highly skilled migrant permit and EU Blue Card can take up work as an entrepreneur besides to their regular job. This possibility does not apply to holders of an ICT permit. It is required that the highly skilled migrant and EU Blue Card holder must continue to comply with the specific conditions of their permit if they also start their own business.

Search period to find a new job in the Netherlands

Highly skilled migrants who become unemployed are granted a search period of 3 months following the last day of their employment contract to secure new work as a highly skilled migrant. To qualify for this 3-month search period, the highly skilled migrant permit must remain valid throughout this period. If new employment isn't secured, the IND revokes the permit.

EU Blue Card holders have a search period of 6 months following unemployment, provided they have held the permit for at least two years. The ICT permit holders do not have a designated search period upon becoming unemployed.

Long-term residence

Both the EU Blue Card holder and the Dutch highly skilled migrant permit holder may qualify for a permanent EC long-term residence permit, under Directive 2003/109/EC, after a five-year legal stay in the Netherlands. The benefit for the EU Blue Card holders is that they are allowed to accumulate periods of residence in different Member States in order to fulfill the requirements of 5 years of legal and continuous stay. Provided, that the applicant has legal and continuous residence for two years immediately prior to the submission within the territory of the EU member country, where the application for the EC long-term residence permit is lodged. The possibility to accumulate periods of residence in other Member States is not open to holders of the Dutch highly skilled migrant permit.

There is another big advantage for EU Blue Card holders: if the employee leaves the European Union, it is not considered an interruption of the five-year continuous legal stay (providing that this period is shorter than 12 consecutive months and does not exceed 18 months in total.) These periods of absence are restricted to cases when the EU Blue Card Holder has returned to his country of origin to work as an employee or self-employed person, or to study or volunteer. Holders of the Dutch highly skilled migrant permit are not allowed to have any interruption in their five years of legal and continuous stay to qualify for the EC long-term residence permit.

The ICT permit does not count towards obtainment of the EU long-term residence permit. However, the ICT permit may count towards obtaining the Dutch national residence permit after five years of continuously holding a valid residence permit. As that the ICT permit is issued for a maximum of three years, it must be switched to another type of permit after three years. This would enable the employee to build up five years of residence, enabling them to apply for the Dutch permanent residence permit.

Switching permits

Naturally, each permit is aiming to attract highly skilled migrants that have different requirements, and each one grants different rights to the employee (once the permit is obtained.) Depending on your specific situation, it may be useful to apply for one type of permit or switch to another type of permit if you are already residing in the Netherlands.

More information and contact details

Kroes Advocaten is more than happy to assist with any questions you might have. You can contact one of their lawyers directly by phone (+31 20 520 70 50), or you can send your question via email to info@kroesadvocaten.nl.

For more information, visit www.kroesadvocaten.nl and www.eubluecard.nl.