In this second blog, we will discuss the residence permit for work as a highly skilled migrant.
Conditions
The residence permit for work as a highly skilled migrant is intended for employment in a highly qualified position (whether or not on a self-employed basis). Several conditions apply to the application for this permit:
(1) Salary requirement
To be able to work as a highly skilled migrant, the foreign employee must meet a salary requirement. The salary requirements for 2022 are:
- Highly skilled migrant (30 years or older) € 4,840 gross per month
- Highly skilled migrant (younger than 30 years) € 3,549 gross per month
A reduced salary requirement of € 2,543 gross per month applies if the highly skilled migrant meets the conditions that apply to the residence permit 'orientation year highly educated’ (see blog 3).An even lower salary requirement applies to highly skilled migrants who will work as academic researchers, doctors in training or (guest) teachers, namely € 1,207.50 excluding holiday allowance. The highly skilled migrant must then meet the following conditions:
As an academic researcher
The highly skilled migrant must be a researcher who will work at a funded or designated educational institution or a government-funded or subsidised research institution.
As a doctor in training
The highly skilled migrant must be a doctor training to be a specialist, who will work at a training institute designated by the Medisch Specialisten Registratie Commissie, the Sociaal-Genekundigen Registratie Commissie or the Huisarts en Verpleeghuisarts Registratie Commissie.
As a (guest) teacher
The highly skilled migrant must be a (guest) teacher who will work at a university, college of higher education or institution of higher international education that is a recognised sponsor and that has a guest agreement, or at a research institute affiliated with or working in the field of a university, college of higher education or institution of higher international education that is a recognised sponsor and that has a guest agreement.
(2) Market conformity
The salary to be paid to the foreign employee must be in line with the market. This requirement applies to prevent abuse. For example, the salary of a cleaner who earns € 4,840 gross per month for 10 hours a week is not in line with the market. In that case the IND will not grant a residence permit.
(3) Recognised sponsor (category Labour)
The future employer of the highly skilled migrant must be designated as a 'recognised sponsor'. To this end, the employer must complete a recognition procedure with the IND. The IND tests the reliability and integrity of your organisation. Once you have been recognised as a sponsor, you will be included in the public register for recognised sponsors and additional rights and obligations will apply.
Costs, decision period and validity
The residence permit must be applied for at the IND. The IND has three months to decide on the application. The IND charges € 345 for the application of the residence permit and € 4,212 for the recognition procedure if the employer has more than 50 employees and € 2,105 if the employer has fewer than 50 employees (or it concerns a start-up). The period of validity of the residence permit is equal to the duration of the employment agreement or appointment, with a maximum of five years.
