AMERICAN CITIZENS
What is your immigration situation?
Click on your question for information.YOUR WORK LIFE IN THE NETHERLANDS
- Are you moving to The Netherlands for a specific job?
- Are you a Highly Skilled Migrant Worker?
- Are you an entrepreneur? Are you moving to The Netherlands to set up your own enterprise? Are you a consultant or freelancer?
- Are you an investor?
- Are you a diplomat or a member of an embassy’s support staff?
- Are you an artist, dancer or musician? Are you an athlete?
- Are you a student graduate?
- Do you want to change your job or employer? Have you lost your job but wish to remain in The Netherlands?
YOUR PERSONAL LIFE IN THE NETHERLANDS
- Are you planning to reside in The Netherlands with a Dutch partner or spouse?
- Do you have family members who will immigrate with you? Are you considering reunification with your family?
- Are you planning to reside or wish to remain with your Dutch child in The Netherlands?
- Are you confronted with a gap in your residency?
- Are you currently living in The Netherlands and hope to establish permanent residency or citizenship?
- Are you encountering difficulties obtaining a short stay visa for your family?
- Have you recently been separated or divorced from your partner but wish to remain in The Netherlands?
ESTABLISHED BUSINESSES OR CORPORATIONS
- Do you want to hire a foreign non-EU worker and need a work permit?
- Do you want to hire a foreign non-EU worker under the Highly Skilled Migrant Workers Program?
- Do you want to hire a foreign non-EU worker under the Corporate Transfer Program?
- Do you want to hire a foreign Non-EU worker, but your business has no access or need for the Highly Skilled Migrant Workers Program?
- Do you want to hire a foreign Non-EU worker, who will not be residing in the Netherlands?
- Do you want to hire a student intern or trainee?
- Does foreign staff need to attend business meetings in The Netherlands or to install or implement equipment or software?
- Do you need to register for EU Service Provision Employment?
- Have you been confronted with an Illegal Employment Fine | WAV?
ENTREPRENEURS, FREELANCERS OR INVESTORS
YOU CAN COUNT ON ADAM & WOLF TO SUCCESSFULLY HANDLE ALL OF YOUR IMMIGRATION NEEDS.
At Adam & Wolf, we pride ourselves on providing excellent service, backed collectively by thirty years of immigration experience. We have a deep understanding of Dutch immigration laws and procedures. We know what the decision makers expect and demand.
To begin your legal process, our immigration attorneys take the time to fully understand the goals for both your work and family life in The Netherlands, and create strategies for meeting each goal quickly and effectively. As your advocates, we carefully guide you through the complex legal immigration process, continually informing you about your case and answering your questions.
Are you moving to The Netherlands for a specific job?
If you wish to work in The Netherlands, if even for a single day, your prospective employer must submit an application for a work permit with the UWV, the Dutch Public Employment Service.
However, to protect the Dutch labor market, The Netherlands issue work permits sparingly. Foreign applicants are considered for employment only after a business is unable to fill a vacancy with a Dutch resident, or if specialized skills and qualifications required for the job, are not available in The Netherlands.
A more flexible system is available for specific categories of applicants:
A worker can qualify for full access to the labor market if these three conditions are met:
CASE STUDY
THE AMERICAN BRANCH MANAGER
An American company was hired by Apple to disable and disassemble Ipads and Iphones in The Netherlands. The parts were to be returned to the US for recycling. A company branch was established in Amsterdam and an American branch manager was transferred to run the operation.
A work permit was issued to the branch manager, without enforcing a labor market test, by relying on the Free Trade Agreements under the WTO, World Trade Organization. These agreements entitle transferred managers and specialists, who are responsible for setting up and establishing a branch, to reside in another member of the WTO, when the employment with the parent company has commenced at least one year before the transfer.
Are you a Highly Skilled Migrant Worker?
To qualify for a residence permit, as a Highly Skilled Migrant Worker, no specific qualifications are required. But for an employer to hire a Highly Skilled Migrant Worker, they must be entered into a standard contract with the IND, the Dutch Immigration Service, and offer a job position with a guaranteed gross monthly salary.
Age 29 and below: € 3,909, excluding 8% holiday allowance
Age 30 and above: € 5,331, excluding 8% holiday allowance
Student graduates: € 2,801, excluding 8% holiday allowanc
Academic Staff: No salary level required
Family members receive unlimited access to the labor market. Furthermore, applications are processed rapidly.
In case of dismissal, one is allowed to keep his permit to find another Highly Skilled Migrant Position within three months. However, in the case of voluntarily unemployment, one’s permit will be revoked facing the risk of being forced to leave The Netherlands within 28 days.
CASE STUDY
THE AMERICAN EXECUTIVE CHEF
A 5-Star deluxe hotel in Amsterdam decided to introduce a new restaurant concept, unique to The Netherlands. For a successful launch, an American Executive Chef was recruited, who had experience establishing in both New York and San Francisco, a similar restaurant concept.
According to IND regulations, a chef does not qualify as a Highly Skilled Migrant Worker. But in this particular case, the IND considered him competitive within the definition of the Highly Skilled Migrant Workers Program.
By attaching extensive documentation to his IND application, confirming that the American was not just a chef but a renowned, highly experienced Sous Chef who had earned a similar salary in New York and San Francisco, a Highly Skilled Migrant Worker residence permit was allowed.
Are you an entrepreneur? Are you moving to The Netherlands to set up your own enterprise? Are you a consultant or freelancer?
The Dutch-American Friendship Treaty is in particular of importance. This treaty provides American entrepreneurs with a residence permit without showing added value to the Dutch economy. A capital investment in a business is required:
Sole or Limited Proprietorship: € 4,500
Due to the flexibility of this treaty, residence permits are more easily available for family members to obtain.
Family members will be allowed without restrictions to be employed in The Netherlands.
CASE STUDY
THE AMERICAN ART DIRECTOR
An American art director wished to work in The Netherlands as a freelancer. He called upon the Dutch-American Friendship Treaty as the basis for a residence permit.
This treaty gives Americans the right to reside in The Netherlands as an entrepreneur. It requires applicants to register their business with the Dutch Chamber of Commerce and invest capital.
In this case, the IND, the Dutch immigration service, interpreted the convention very restrictively and determined that an art director’s services should not be given ‘preferential treatment’ under the convention.
By relying on an appeal that referred to identical friendship treaties between the US and Belgium, as well as, the US and Denmark, the IND concluded that only lawyers, notaries or medical personnel are excluded from the ambit of the Dutch-American Friendship Treaty.
The American was, therefore, able to attain his residence permit.
Are you an investor?
Foreign investors qualify for a Dutch residence permit by investing directly or indirectly through a so-called seed fund or consortium of investors in a Dutch innovative company in excess of € 1,250,000. The Dutch Ministry of Economic Affairs will conduct an evaluation using a points based system consisting of three components:
The ability to innovate
The ability to create jobs
The applicant's input of business network and specific knowledge
The applicant will obtain a three-years extendable residence permit and will immediately be allowed to work as an employee, be self-employed or simply retire in The Netherlands.
Their families may relocate to The Netherlands without a Dutch language requirement.
Are you a diplomat or a member of an embassy’s support staff?
Diplomats, consular employees and other privileged members of international organizations may reside with their families in The Netherlands on the basis of established international agreements.
However, their Privileged Status document can be exchanged for a residence permit under the Dutch Aliens Act. When applying for a residence permit, the amount of time they held privileged status can be counted for naturalization.
After 10 years of privileged status, the applicant may become a permanent resident.
CASE STUDY
THE VENEZUELAN DIPLOMAT'S DAUGHTER
A Venezuelan student, who had been granted legal status as a dependent of a diplomat due to her father’s employment at an Embassy, applied for a residency permit to allow her to study in The Netherlands.
Initially the IND, the Dutch Immigration Service, determined that she must first return to her own country to apply for a MVV, an entry visa. But eventually, the IND granted her request without the MVV application.
Due to a long-standing, unpublished practice, the children of diplomats are exempted from obtaining a MVV when they become students in The Netherlands.
Are you an artist, dancer or musician? Are you an athlete?
Self-Employed Artists, Dancers and Musicians
There are two key conditions required for a residence permit in The Netherlands. Applicants must be financially independent and their talents compatible with Dutch cultural interests.
Applicants are assessed by the Dutch Ministry of Cultural Affairs. If the applicant is independently associated with at least two Dutch cultural institutions, the assessment is generally positive.
Athletes
To qualify for work authorization and a residence permit in The Netherlands, an athlete must be assessed by The Dutch Ministry of Sports. They must perform in their sport at the Dutch Top 8 Level.
CASE STUDY
THE BRAZILIAN MUSICIAN
A Brazilian violinist who was a member of a famous baroque ensemble and renowned chamber orchestra applied for residency in The Netherlands as a self-employed artist.
The Ministry of Cultural Affairs quickly determined that he contributed favourably to the Dutch classical music community. But the IND, the Dutch Immigration Service, hesitated to give him a residence permit because he had been convicted, several years earlier, for driving under the influence.
A special hearing was held. The driving offense was determined to be minor. But more importantly, the Ministry of Cultural Affairs had assessed that the Brazilian violinist contributed to the Dutch cultural interest. The IND was convinced that the balance of interests was in the Brazilian’s favour.
Are you a student graduate?
Higher education or university students, after graduation, may reside in The Netherlands for up to one year (referred to as an orientation year) for the purpose of finding a job as a Highly Skilled Migrant Worker or to start a business. They will, subsequently, gain unlimited access to the labor market.
If, during or immediately after this orientation year, the graduate finds work as a Highly Skilled Migrant Worker, a guaranteed gross monthly salary of € 2,801, excluding 8% holiday allowance, is required by the employer.
Graduates of top foreign universities as published by the “Times Higher Education Supplement,” “Jiao Tong Shanghai University” or “QS World University Rankings,” may also receive a similar orientation year within three years of their graduation. This does allow full access to the labor market as well.
CASE STUDY
THE AMERICAN OPERA SINGER
An American opera singer graduated from the Royal Conservatory in The Hague. She decided to opt for an orientation year to build a business.
The IND, the Dutch Immigration Service, determined that the date that her graduation course ended would be the first day of her orientation year. The American, however, did not receive her official diploma until months later.
A successful objection was lodged establishing that her orientation year did not officially begin on the last day of her course, but the day she actually received her diploma. In this specific case, a so-called ‘residence gap’ could, therefore, be prevented. The following year she was able to apply for a permanent residence permit.
Do you want to change your job or employer? Have you lost your job but wish to remain in The Netherlands?
Voluntary Unemployment A foreign worker will lose their legal stay and needs to leave The Netherlands within 28 days.
Involuntarily Unemployment A foreign worker will be granted three months to seek other employment without his residence permit being revoked.
Highly Skilled Migrant Workers can retain their residency permit by registering as a job seeker and finding other employment as a Highly Skilled Migrant Worker within three months.
Non-Highly Skilled Migrant Workers must update their residency permit by submitting a new application with the IND, the Dutch Immigration Service. A new employer is allowed to assume a previously issued work permit without a job validation test.
CASE STUDY
THE SOUTH KOREAN CHEF
A South Korean restaurant, after an extensive recruitment campaign, obtained a work permit for a South Korean chef for the duration of three years. But after one year, the restaurant went bankrupt.
A second South Korean restaurant wished to employ the chef and asked for a work permit. The request was rejected because of an insufficient recruitment search and an unacceptable salary. By officially registering the chef as a job seeker, the restaurant was able to employ him for the remainder of the previously issued permit.
The UWV, the Dutch Public Employment Service, determined that a business could employ a worker, without a job validation test, if they are involuntarily unemployed and formally seeking employment.
Are you planning to reside in The Netherlands with a Dutch partner or spouse?
Family reunification in The Netherlands is available for partners or spouses. Maintaining strict income levels, some fluency in Dutch, and having the necessary official documents from the country of origin are required for family reunification procedures.
Of particular importance, a partner or spouse of a Dutch national cannot rely on the residency benefits of EU law, such as entry visa waivers, integration exemptions, reduced income tests, etc.
However, it is possible for Dutch nationals to invoke the EU residency benefits on behalf of their partners or spouses if:
CASE STUDY
THE AMERICAN PROFESSOR
A Dutch professor moved back to The Netherlands together with her American spouse. She accepted an academic chair professorship at a University in Germany, just over the Dutch border.
Her American spouse, who was also a professor, applied for a Dutch residency permit for family reunification. The IND, the Dutch Immigration Service, was hesitant to approve his application because his wife’s salary originated in Germany, not The Netherlands. The IND argued that her foreign income could not be accounted for, therefore the legal requirements stating that she must earn enough income to support her foreign spouse were not met.
By attaining a ‘tax home-statement’ from the Dutch Tax Service, confirming that her salary was administered through a Dutch bank account and that she paid income taxes in The Netherlands, the IND was able to approve the American’s application for a residency permit.
Do you have family members who will immigrate with you? Are you considering reunification with your family?
Family reunification in The Netherlands is available for partners, spouses and children under the age of 18. Maintaining strict income levels, some fluency in Dutch, and having the necessary official documents from the country of origin are required for family reunification procedures.
For a child of age 18 years or older, or for a single person over the age of 65, the internationally recognized “Right to Family Life” can be enforced as an alternative option for immigration.
Note: The immediate family members of Dutch nationals cannot depend on the residency benefits of EU law, such as entry visa waivers, integration exemptions, and reduced income tests.
However, it is possible for Dutch nationals to invoke the EU residency benefits on behalf of close relatives if:
they also hold an EU, Norwegian or Swiss passport and were not born and raised in The Netherlands
they have engaged in substantial business with other EU countries
they have previously resided in another EU country with a close family member
a child relies on a non-European parent for care and financial support
CASE STUDY
THE URUGUAYAN BOYFRIEND
A Uruguayan national requested a residency permit, to reside with his Dutch girlfriend in The Netherlands. His application was rejected because his girlfriend did not have the required funds to support him.
Although he had enough capital to support himself, it was not considered applicable according to the Dutch family reunification laws.
It was disclosed that the girlfriend also possessed French citizenship. This allowed the couple to utilize EU Immigration Law to acquire his permit.
Under EU Law, income requirements are more flexible. The Uruguayan’s financial contribution was recognized and he was immediately granted a five-year Dutch residency permit and full access to the labor market.
Are you planning to reside or wish to remain with your Dutch child in The Netherlands?
According to the European Court of Justice, it has increasingly become more feasible, to secure a Dutch residency permit to remain with a young Dutch child without requiring strict income levels. A Dutch child is a EU citizen and therefore has the right to remain in the EU. This right is seriously jeopardized when his non-EU parent needs to leave the EU. This is, however, only the case when a relationship of dependency between the parent and his or her Dutch child exists that is so strong that if the parent were asked to leave the EU, the child would have to leave the EU with him or her. In that case it is irrelevant that the other (Dutch) parent can also take care of the child as well.
Proving a ‘strong relationship of dependency’ requires the accumulation of extensive evidence such as photographs, statements from school/day care or general practioner and solid proof of financial support that the applicant actually takes care of the child, for example.
CASE STUDY
THE SOUTH AFRICAN HUSBAND
A Dutch national resided with her South-African husband in South-Africa. When their two children were born, they were legally considered Dutch. The husband was very involved in the children’s upbringing. The family decided to move to The Netherlands, but upon arrival, the Dutch national was unable to find immediate employment. By showing that the South African father was for a large part reponsible for his children’s upbringing, he was able to obtain a 5 year residency permit without complying with the strict MVV requirements pertaining to income and entry clearance.
Are you confronted with a gap in your residency?
Permanent residency or a Dutch passport may be obtained after one has resided legally for five years in The Netherlands. If the five-year term is interrupted by a “residency gap,” permanent residency or a Dutch passport may be denied.
A residence gap arises when a renewal application has been submitted too late, or when one only complies with immigration requirements well after a renewal application has been submitted.
If it has been determined that the IND, the Dutch Immigration Service, did not process a renewal application correctly or has provided incorrect information, the residency gap may be eliminated. Invoking EU law may also eliminate a residency gap.
CASE STUDY
THE BRAZILIAN RESEARCHER
A Brazilian scientific researcher’s application for permanent residency was denied by the Dutch authorities because he had applied for his five-year residency renewal too late. Therefore, his residency was interrupted, causing a residency gap.
Eventually, however, the court ruled that he had remained legal during his residency gap because he was residing in The Hague with his partner, a Spanish diplomat and EU citizen. According to EU law, there is a presumption that one remains legal in The Netherlands when the immigration requirements involved are met, even without physically holding a Dutch residency permit.
The Brazilian scientific researcher, therefore, qualified for permanent residency.
Are you currently living in The Netherlands and hope to establish permanent residency or citizenship?
Permanent Residency Permit
To obtain a permanent Dutch residence permit, one is required to have resided legally in The Netherlands for five years. One must also pass a Dutch language exam.
There is no obligation to forfeit one’s original nationality.
Dutch Citizenship
A Dutch Passport may be obtained by naturalization or by opting through the IND, the Dutch Immigration Service.
Naturalization is usually granted after five years of residency. Under some circumstances, it may be granted after three years. The applicant must prove that one is fluent in Dutch and has no previous criminal record.
Often, there is an obligation to forfeit one's original nationality.
Opting requires a confirmation by the IND that one holds Dutch nationality because of strong ties to The Netherlands. Examples: former Dutch citizens or foreigners who have resided in The Netherlands for an extended period of time.
CASE STUDY
THE RUSSIAN PROPERTY OWNER
A Highly Skilled Migrant Worker from Russia wanted to become a Dutch national. She, however, did not want to lose her Russian nationality.
The applicant produced an official Russian government document establishing that her mother owned property in both Moscow and Yekaterinburg. The applicant was listed as the sole heir of the property.
It maintained that if the property were sold, the applicant would be at a “substantial financial disadvantage.” It was determined that if she possessed only Dutch nationality, the inheritance tax would be much greater than if she also maintained her Russian nationality. Therefore, the IND, the Dutch Immigration Service, allowed her to keep her Russian nationality.
Are you encountering difficulties obtaining a short stay visa for your family?
Most nationals from non-Western countries require a 3-month short stay visa for family visits or tourist holidays. This visa is often denied without explanation.
The main grounds for refusal is that the Dutch Visa Service believes that foreigner nationals will attempt to illegally establish themselves in The Netherlands. The Visa Service will only comply when strong social and economic ties with the applicant’s homeland can be demonstrated, guaranteeing that they will return home at a designated time.
CASE STUDY
THE UKRAINIAN FLORIST
A Dutch businessman frequently conducted business in the Ukraine. While working there, he formed many professional, as well as, personal relationships. Every year he invited several Ukrainian business associates, along with their families, to visit The Netherlands for several weeks. The businessman requested short stay visas on behalf of his Ukrainian visitors.
The businessman had no difficulties attaining visas for his guests until he requested a short stay visa for the daughter of one of his Ukrainian business associates.
By demonstrating that the woman owned her own flower shop in Kiev and had a 6 year-old son, the Dutch Visa Service was convinced that there were both strong economic and personal reasons for her to return to the Ukraine. The requested short stay visa was granted.
Have you recently been separated or divorced from your partner but wish to remain in The Netherlands?
Foreigners, who have been admitted to The Netherlands for family reunification can, over time, exchange their dependent residence permit for their own residency permit. Underage children may do this after one year, adults after five years.
Adults are required to take a Dutch language examination.
The relationship or marriage does not necessarily have to be dissolved.
If the applicant has not lived in The Netherlands for a period of five years and the children involved are of Dutch origin, a residency permit may, at times, be granted on humanitarian grounds.
CASE STUDY
THE AMERICAN FATHER
An American, who worked for NATO in The Netherlands, was married to a Dutch citizen. They had a Dutch son together.
Unexpectedly, he lost his job and had to forfeit his residency permit as a NATO staff member. To add to the complications, his wife asked him for a divorce. Under Dutch immigration law, he was not allowed to receive a new residency permit without employment.
But because he had been residing with his son and maintained a strong family bond, the American was able to have his residency permit reinstated under “The Right to Family Life,” defined in Article 8 of the European Convention of Human Rights.
Let Adam & Wolf help you achieve your business goals and protect your interests
The economic partnership between the United States and The Netherlands is one of oldest continuous relationships in history. The Netherlands is the third-largest foreign investor in the United States. Likewise, the United States is the third-largest foreign investor in The Netherlands.
Both The Netherlands and the United States are committed to free trade, to establish a more open market world economy. They have combined efforts at the World Trade Organization, the Organization for Economic Co-operation and Development, as well as, numerous economic institutions throughout the European Union to advance this goal. The Dutch government has established laws to accommodate American businesses and entrepreneurs wishing to create business opportunities in The Netherlands through the Dutch-American Treaty of Friendship and Trade. Adam & Wolf is here to help navigate you through these laws to reach your business goals in The Netherlands.
Do you want to hire a foreign non-EU worker and need a work permit?
If you employ a non-EU, Swiss or Norwegian worker for even one day, an application for a work permit must be lodged with the UWV, the Dutch Public Employment Service.
However, to protect the Dutch labor market work permits are issued sparingly. Foreign applicants are considered only after a business is unable to fill a job vacancy with a Dutch or EU resident, or if specialized skills and qualifications required for the job are not available in The Netherlands. Therefore, proof that searches have been executed to find candidates in the Dutch and EU labor market must be submitted such as copies of advertisements, statements from recruitment agencies, job postings on the Internet, etc.
A more flexible system is available for specific categories of applicants:
CASE STUDY
THE AMERICAN PROJECT MANAGER
A workforce management provider in California outsourced an American project manager to a Japanese entertainment company in San Diego. To accommodate a gaming project, she was transferred to a Dutch entity of that entertainment company for a period of 90 days.
An application for a work permit was applied for under the rules for short-term work contracts. Since the American was not on the entertainment company’s payroll, the UWV, the Dutch Public Employment Service, was hesitant to issue such a work permit. By convincing the UWV that outsourcing was possible under the favourable rules for short-term work contracts, it was ensured that the Dutch entity could obtain a work permit on behalf of the American project manager without undergoing a labour market search.
Do you want to hire a foreign non-EU worker under the Highly Skilled Migrant Workers Program?
This program was designed to build the Dutch national knowledge base and thus the economy. However, academic qualifications or expertise in a certain field is not necessarily required for approval. What is required is a local contract or secondment from inside EU member states with a guaranteed gross monthly salary.
Age 29 and below: € 3,909, excluding 8% holiday allowance
Age 30 and above: € 5,331, excluding 8% holiday allowance
Student graduates: € 2,801, excluding 8% holiday allowanc
Academic Staff: No salary level required
Family members of the worker, spouse and children under the age of 18 receive full access to the labor market.
Under this program, considering a Dutch or EU resident to fill a job vacancy is not required, so it is not necessary to have a work permit to be employed. Furthermore, the application is processed rapidly.
To have access to the Highly Skilled Migrant Workers Program, an employer must enter into a standard contract with the IND, the Dutch Immigration Service.
CASE STUDY
THE INDIAN IT SPECIALIST
A Rotterdam harbour business wanted to hire two IT specialists from India for a software installation project. Another company had already had them legally admitted to The Netherlands, as Highly Skilled Migrant Workers.
By defining critical criteria within an outsourcing contract with the other company and providing documentation proving that the Highly Skilled Migrant Workers salary requirements were met, the harbour business established that the IT specialists were legally employed.
Consequently, the risk of receiving a fine for employing illegal foreign workers was eliminated.
Do you want to hire a foreign non-EU worker under the Corporate Transfer Program?
Secondments from Outside EU Member States:
Under the Intra-Corporate Transferee Program, a preferential work permit program, both small and large-sized multinationals are not required to fill a job vacancy with a Dutch or EU resident. Employers are allowed to transfer internal, outside EU-based employees for temporary assignments within an international group of businesses.
There are two legal categories of transferees:
Managers and specialists with a guaranteed gross monthly salary: For age 29 and below: € 3,909, exclusive of an 8% holiday allowance. For age 30 and above: € 5,331, exclusive of an 8% holiday allowance.
Duration of the temporary transfer is limited to a three year period. After three years, the transferee must remain outside of the EU for at least six months, before a new secondment can commence. Therefore, when the secondment exceeds three years, consider transferring the corporate transferee on a local contract with the Dutch company.
Trainees with a Masters Degree. Duration of secondment is limited to one year.
* Spouses of corporate transferees receive unlimited access to the labor market.
Secondments from Inside EU Member States:
The Highly Skilled Migrant Workers Program of IND, the Dutch Immigration Service, is applicable.
For start-up subsidiaries, by businesses who wish to transfer staff and who have not yet access to the Highly Skilled Migrant Workers Program, and for companies who do not have a payroll program established in The Netherlands, a special rule allows employers to transfer employees for temporary assignments.
There are three legal categories of transferees:
Key personnel with a guaranteed gross salary of € 5,331 per month. exclusive of an 8% holiday allowance.
Employees with specific knowledge and skills.
Trainees.
Spouses of corporate transferees receive unlimited access to the labor market. If they find employment in The Netherlands, their employer will be allowed to obtain a work permit without a job validation search.
CASE STUDY
THE KOREAN PROJECT LEADERS
A Dutch business and a South Korean multinational company with a Dutch subsidiary collaborated on an offshore project near Port Rotterdam.
Two South Korean project leaders were sent to Rotterdam to help ensure that the project was proceeding successfully.
By presenting the Dutch company as an “employer” under the Foreigners Employment Act and by convincing the UVW, the Dutch Public Employment Service, that a posting was possible under the favourable rules for an intra-company transfer, it was ensured that the Dutch company could obtain two work permits on behalf of the South Korean multinational without undergoing a labour market search.
Do you want to hire a foreign Non-EU worker, but your business has no access or need for the Highly Skilled Migrant Workers Program?
If your business in The Netherlands has not been operational for more than 18 months, it will be difficult to register with the Highly Skilled Migrant Workers Program of the IND, the Dutch Immigration Service.
Or if your business hires foreign workers infrequently, there may be no added value for your company to seek access to this program.
In both of these cases, two alternative programs might be applicable to obtain a work permit without a job validation search.
I. The European Blue Card. Conditions:
A minimum gross monthly salary of € 6,245, exclusive of an 8% holiday allowance.
II. Trade Agreements Under the World Trade Organization. Conditions:
CASE STUDY
THE AMERICAN MANAGING DIRECTOR
An American biotechnology company sent a manager to an established subsidiary in Delft. A Highly Skilled Migrant Workers Visa was obtained on her behalf through a payroll company with access to the Highly Skilled Migrant Workers Program, placing her on the payroll of that company, posted her to the subsidiary. Over time, this "payroll construction” was considered too costly.
By validating the manager’s Bachelor Diploma, she qualified for a European Blue Card, eliminating the payroll company’s costly immigration assistance.
Do you want to hire a foreign Non-EU worker, who will not be residing in the Netherlands?
In this case, obtaining a Dutch Residence Permit is not legally permitted. And as a consequence, the Highly Skilled Migrant Workers Program of the IND, the Dutch Immigration Service, cannot be relied on. However, a work permit without a job validation search can be obtained.
The required conditions:
The worker is a legal resident of another EU country, Switzerland, Iceland or Norway.
The employer has access to the Highly Skilled Migrant Workers Program.
The minimum gross monthly salary must be provided:
For age 30 and above: € 5,331, exclusive of an 8% holiday allowance.
For age 29 and below: € 3,909, exclusive of an 8% holiday allowance.
Permits are eligible for a maximum duration of three years.
CASE STUDY
THE LEBANESE CHIEF MEDICAL OFFICER
Through its branch offices in Leiden in The Netherlands, and Mechelen in Belgium, a large pharmaceutical company employed a Lebanese citizen, to fill the position of an independent board member.
He received 35% of his payroll working for the company in Switzerland, where he legally resided. He also received a management contract in Mechelen for 60% of his income, and was placed on the Dutch payroll for the remaining 5%.
He worked in Belgium and The Netherlands for short periods of time. Therefore, the Lebanese employee was not eligible for a Dutch Residence Permit.
A ruling from the UWV, the Dutch Public Employment Office, determined that his salary need not be fully paid in The Netherlands, as long as he worked in The Netherlands for at least one day a month. By indicating these terms in the employment contract, the pharmaceutical company was able to obtain a Dutch Work Permit for three years, without a job validation search.
Do you want to hire a student intern or trainee?
No work permit is required for foreign student interns who are in college or attend a polytechnic school in The Netherlands. Preferential Work Permits are available for foreign student interns who are in college or attend a polytechnic school abroad, and foreign employed trainees who need on the job training.
Permits are eligible for duration of 24 weeks to 1 year.
Student interns must provide a statement confirming that an internship is required to finish their studies. Trainees must provide an agreement confirming the reasons why job training is necessary, along with a detailed trainee plan.
Companies are allowed to hire a maximum of ten percent of their entire personnel as student interns. A company must maintain a "reasonable ratio" of trainees versus their total number of employees.
CASE STUDY
THE MALAYSIAN TRAINEE
An artist from Malaysia who had studied at a Swedish art school was required to complete a design internship to receive his degree. To fulfill this requirement, he approached a large advertising agency in Amsterdam.
By arranging an internship with the agency and providing an extensive study plan, the Malaysian was able to obtain a work permit without an official labor market search. The permit was issued, however, on the condition that the advertising agency complied with Dutch minimum wage requirements.
Does foreign staff need to attend business meetings in The Netherlands or to install or implement equipment or software?
No work permit is required for short-term incidental activities in The Netherlands, such as software implementation or business meetings.
Business Meetings include:
A Work Permit Waiver, to conduct business meetings, is limited to a duration of 13 weeks in 52 weeks.
Equipment or Software Installation includes:
A Work Permit Waiver for the installation of equipment or software, is limited to a duration of 12 weeks.
Do you need to register for EU Service Provision Employment?
Because of the single European Union market, a business registered in one EU member state has the freedom to supply temporary, specialized services throughout all of the EU countries without a work permit. This includes the right to send a non-EU regular employee, on a temporary secondment role, to another EU country to provide services for a limited period of time.
However, the UWV, the Dutch Public Employment Service, requires that a form reporting the presence of any non-EU temporary, specialized worker in The Netherlands be submitted.
CASE STUDY
THE INDIAN IT SPECIALISTS
A British company signed a contract with a business in Delft to have software installed. A team of Indian IT specialists needed to reside in The Netherlands for a period of six months, to complete the task. The specialists were in the permanent employment of the British company and were authorized to work in the United Kingdom.
By notifying the UWV, the Dutch Public Employment Office, in advance of the software implementation, the Delft business was able to deploy the Indian team without delay.
Have you been confronted with an Illegal Employment Fine | WAV?
According to WAV, the Foreigners Employment Act, a business can be fined:
Authorities can assume a verdict of illegal employment all too quickly. Even when a company is unaware that it has hired an illegal worker, there is a strong likelihood that it will be fined.
In most cases it is only possible for a company or a private citizen to avoid penalties when EU law is applicable, such as in cross-border services. In the absence of culpability and by identifying unique particularities of each case, it is often possible to reduce fines substantially.
CASE STUDY
THE CROATIAN CRUISE SHIP CREW
A Labour Inspector conducted an inspection of a German river cruise ship near Utrecht. On board he found 24 Croatian pursers. Their Cypriot employer had temporarily loaned them to the operator of the ship.
The inspector determined that the operator had been too late in registering the Croatian workers for work permits. He imposed a fine of € 49.500.
The Labour Inspectorate had not recognized, however, that the situation fell under the EU cross-border service law, so no work permits were required. Therefore, in court the fine was eliminated.
Are you an entrepreneur? Are you moving to The Netherlands to set up your own enterprise? Are you a consultant or freelancer?
The Dutch-American Friendship Treaty is in particular of importance. This treaty provides American entrepreneurs with a residence permit without showing added value to the Dutch economy. A capital investment in a business is required:
Sole or Limited Proprietorship: € 4,500
Due to the flexibility of this treaty, residence permits are more easily available for family members to obtain.
Family members will be allowed without restrictions to be employed in The Netherlands.
CASE STUDY
THE AMERICAN ART DIRECTOR
An American art director wished to work in The Netherlands as a freelancer. He called upon the Dutch-American Friendship Treaty as the basis for a residence permit.
This treaty gives Americans the right to reside in The Netherlands as an entrepreneur. It requires applicants to register their business with the Dutch Chamber of Commerce and invest capital.
In this case, the IND, the Dutch immigration service, interpreted the convention very restrictively and determined that an art director’s services should not be given ‘preferential treatment’ under the convention.
By relying on an appeal that referred to identical friendship treaties between the US and Belgium, as well as, the US and Denmark, the IND concluded that only lawyers, notaries or medical personnel are excluded from the ambit of the Dutch-American Friendship Treaty.
The American was, therefore, able to attain his residence permit.
Are you an investor?
Foreign investors qualify for a Dutch residence permit by investing directly or indirectly through a so-called seed fund or consortium of investors in a Dutch innovative company in excess of € 1,250,000. The Dutch Ministry of Economic Affairs will conduct an evaluation using a points based system consisting of three components:
The ability to innovate
The ability to create jobs
The applicant's input of business network and specific knowledge
The applicant will obtain a three-years extendable residence permit and will immediately be allowed to work as an employee, be self-employed or simply retire in The Netherlands.
Their families may relocate to The Netherlands without a Dutch language requirement.