Introduction
If a non-EU person (third country national) wants to work in the Netherlands, they can do so as a Highly Skilled Migrant, with an EU Blue card or with a combined permit for stay and work (GVVA). If it concerns an intra company transferee, the EU ICT Directive may be applicable. Lastly, there are special regulations for posting staff within the EU (cross-border service provision).
The Highly Skilled Migrant (HSM) program is an uncomplicated, fast track procedure for hiring highly skilled non-EU staff. Your company in the Netherlands must register with the IND (Immigration and Naturalization Service) as a recognized sponsor of HSM staff. The agreed salary must meet the HSM salary threshold. The HSM program is by far the most popular option for companies that wish to hire international staff on a regular basis.
To scientific researchers, other conditions apply.
Read more on our page: Highly Skilled Migrants.
The European Blue Card program facilitates employment-based migration of highly skilled international staff. The EU Blue Card scheme comes with its own requirements. The agreed salary must meet the European Blue Card salary threshold. An EU Blue Card holder can, however, work more easily in other EU member states. Moreover, the employing company does not need to be a recognized sponsor with the IND (Immigration and Naturalization Service).
Read more on our page: EU Blue Card.
Multinational group companies with a subsidiary in the Netherlands may transfer staff to this Dutch branch. European and national ICT programs are in place, the Highly Skilled Migrant program can also be an option for intra-company transferees. It depends on the nature of the transfer, which program is most suitable. In some cases, there is only one option.
See the matrix below for a quick comparison.
We go into more detail on our page: Intra-company transfer (ICT).
[continues below matrix]
Matrix comparing Highly Skilled Migrant program, EU Blue Card, EU ICT and national ICT:
| highly skilled migrant program | blue card program | ICT EU | ICT national | |
|---|---|---|---|---|
| position | manager, specialist | manager, specialist | manager, specialist, or trainee as defined in Directive 2014/66 | manager, specialist |
| salary threshold | see current amounts here | see current amounts here | see current amounts here | see current amounts here |
| salary competitive with labor market? | yes | fixed in salary threshold | yes | yes |
| processing time | 2 weeks for recognized sponsor | 30 days for recognized sponsor, max. 90 days for non-recognized sponsor | 2 weeks for recognized sponsor, max. 90 days for non-recognized sponsor | 3-5 weeks work permit/ 90 days residence permit |
| posting or local contract? | local | local | posted assignee remains employed by foreign employer | both possible, as long as assignment is temporary |
| awaiting decision abroad? | only if visa required | only if visa required | only if visa required | only if visa required |
| education | college-academical | college-academical of at least 3 years or 5 years of relevant work experience at the level of higher education diploma** | for trainee: master degree | college-academical |
| may family members work? | yes | yes | yes | work permit (not tested) required |
| validity | duration of contract; max 5 years | duration of contract + 3 months, max. 5 years | duration of assignment; max 3 years | duration of assignment; max 3 years |
| extension possible? | yes, unlimited | yes, unlimited | no; 6 months cooling-off period after 3 years of EU ICT labor* | yes, as long as assignment remains temporary |
| permanent residency possible? | yes | yes | yes, but only based on national policy | no |
| mobility in EU? | no | yes, after 12 months | yes | no |
** If the employee is an IT manager or IT specialist, at least 3 years of relevant work experience accumulated in the 7 years immediately prior to filing the EU Blue Card application will suffice
Employers within the EU can temporarily employ their non-EU personnel in the Netherlands without first applying for a work permit. This is also referred to as cross-border service provision or posting of staff within the EU. This exemption of the work permit requirement is subject to specific conditions.
Read more on our page: Cross-border service provision.
If the Highly Skilled Migrant program and EU Blue card program are not an option, an employer can sometimes apply for a combined permit for stay and work (GVVA). This is the case with certain professions, such as employees in the creative industry, chefs in Asian catering and sportspeople. In some cases, only a work permit is required.
Read more on our page: Work permit (GVVA/TWV).
Employers and self-employed from other EU Member States who are posting a worker in the Netherlands must notify this in advance via the online portal or risk a penalty of up to €4,500 per posted worker. Read more in our article Posted Workers in the EU.
Do you intend to work in the creative industries in the Netherlands and do you have a non-EU nationality? For work in paid employment, a combined permit for work and stay (GVVA) is required. Creative freelancers can apply for a residence permit as entrepreneur. Read more on our page Creative industries.
To American, Japanese and Turkish citizens and their family members other conditions may apply. Read more on our page Treaties.
Our services
Everaert Advocaten has more than 30 years of experience in assisting Dutch and international companies in the Netherlands and abroad. Our lawyers are seasoned professionals in the field of labor migration to the Netherlands and Europe.
We can help to find your best options, which application types are best suited to your needs and advise on the compliancy issues involved. When things have gone awry, you can also call in our support.
For more information or advice on any of the above, please contact us.
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