Residence permit for highly skilled migrant
The residence permit for highly skilled migrant is a streamlined immigration process for highly skilled employees from outside the EU, EEA, or Switzerland. If you want to employ a highly skilled migrant in the Netherlands, you can apply for this residence permit on their behalf. Find out more about this permit and how to apply.
What is the residence permit for highly skilled migrant?
The residence permit for highly skilled migrant is a temporary regular residence permit. It allows people with specialised skills or expertise to live and work in the Netherlands. Applications are processed by the Immigration and Naturalisation Service (IND). The scheme is intended for individuals who can contribute to the Dutch knowledge economy through their specific skills or knowledge.
Several residence schemes exist for foreign employees to live and work in the Netherlands. However, the national highly skilled migrants scheme is the one used most often by employers to recruit talent from abroad.
How long is the residence permit valid for?
The residence permit for highly skilled migrant is granted for the same duration as the employment contract, up to a maximum of 5 years. After 5 years, your employee may be able to apply for a permanent residence permit.
Who can apply?
Only a recognised sponsor may apply for the residence permit for highly skilled migrants. In most cases, the recognised sponsor is the company where the highly skilled migrant will perform their work. However, an employment agency or payroll company can also act as a recognised sponsor if it supplies the employee to another business in the Netherlands. In that case, the agency or payroll company is considered the legal employer.
After becoming a recognised sponsor, the employer must also meet several obligations. For example:
- Provide correct information to IND.
- Keep business records.
- Fulfil its duty of care toward the employee.
- Ensure the employee’s salary continues to meet the salary threshold.
- Inform IND of any changes within 4 weeks.
What are the conditions for the permit?
Highly skilled migrants in the Netherlands must meet the following conditions:
- The employee must meet the standard requirements for all residence permit applications. For example, they have a valid passport, and they are not a risk to public order or national security. Check all these requirements on ind.nl.
- The employment contract is between a recognised sponsor and an employee.
- The employee is willing to take a tuberculosis test after arriving in the Netherlands. Certain nationalities are exempt from this obligation. The list of exempt nationalities (PDF, 114 KB) is published on ind.nl.
- The employer must pay the employee a competitive income that is in line with the market rate in the Netherlands.
- The employee’s monthly gross salary meets the highly skilled migrant criteria. There are 3 categories, each with a different minimum salary:
- Highly skilled migrants age 30 or older
- Highly skilled migrants younger than 30
- Reduced salary criterion. This is usually for graduates or researchers who held or qualified for the residence permit for an orientation year for highly educated persons. In both cases, the application for the residence permit for highly skilled migrant must be made within 3 years of their graduation date or the end of their research.
Additional situations to consider
Employees who provide individual healthcare services must register in the BIG register. The Individual Healthcare Professions Act (BIG) regulates these professions. Once registered, the employee may use their legally protected professional title. Find out more about BIG registration on the dedicated BIG register website.
The decision of appointment or the employment contract is signed on behalf of the institution. It must include the job description and the job code from the University Job Classification system (UFO).
The training institute must be accredited by one of the following organisations:
- Medical Specialists Registration Committee (MSRC);
- Social Medicine Physicians Registration Committee (SGRC);
- General Practitioner and Nursing Home Physicians Registration Committee (HVRC).
Other rules may apply to Turkish citizens and their family members. The requirements related to EU-Turkey Association law are explained on ind.nl.
When is a provisional residence permit also needed?
Depending on the country of birth of the employee, they may need a provisional residence permit (machtiging tot voorlopig verblijf, MVV). This is an entry visa which authorises them to stay in the Netherlands for longer than 90 days. The recognised sponsor applies for both an MVV and a residence permit at the same time. Not everyone needs an MVV to enter the Netherlands. Check the list of MVV exemptions and situations on ind.nl.
Apply for the permit
Fill in the nationality of the prospective employee and read about the application procedure on ind.nl. IND aims to decide within 2 weeks of receiving an application.
Costs
The application fee for the highly skilled migrant procedure is paid for by the employer by direct debit after submitting the application. This will not be refunded if the application is refused.
Other possible costs for the employer:
- There is a one-time fee to become a recognised sponsor.
- There may be extra costs to legalise or translate foreign documents. And to send them. Make a clear arrangement with the employee about who pays for these costs.
- There is also a fee when renewing a permit with IND.
Can an employee work while waiting for their residence permit?
If you have received a positive decision on the application for your highly skilled migrant, but the residence document is not yet ready, the following rules apply:
Your employee may start working if the positive decision letter (called kennisgeving in Dutch) explicitly states this.
They may work as a highly skilled migrant without the residence document for a maximum of 4 months, starting from the date mentioned in the decision letter.
If the employee’s previous residence document has expired, they may continue working as a highly skilled migrant while the extension is being processed.
Next steps for the employee
In both situations, your employee must make appointments to provide biometrics and collect their residence permit. They must do this as soon as possible, and within 2 weeks after you receive the positive decision.
Always notify IND about any changes
As a recognised sponsor, you must notify IND within 4 weeks of any changes that affect the employee’s residence permit. This includes, for example, when the employment contract ends or when the employee no longer lives in the Netherlands. IND is applying stricter checks on timely reporting. You can find all reporting obligations on ind.nl.