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Every year we are in the top 3 of the best law firms in the Netherlands in the field of client satisfaction.

Family members of highly skilled migrants can accompany them on secondments abroad

Family members of highly skilled migrants can accompany the highly skilled migrant for up to eight months while they temporarily work abroad, without this affecting their residence permit. As of 3 April 2026, the IND has clarified this policy in the Aliens Act Implementation Guidelines (paragraph B1/6.2.1; see also WBV 2026/3).

This already applied to highly skilled migrants, researchers and family members of researchers. Family members of highly skilled migrants, however, were not mentioned. That difference has now been removed. The family member of the highly skilled migrant can stay outside the Netherlands for a maximum of eight months. Requirements are that the highly skilled migrant does so as well, and the family member must continue to meet the conditions of its own permit: the marriage or relationship must remain intact.

The main residence conditions in brief

A foreign national can stay outside the Netherlands for six consecutive months without this affecting its residence permit on the grounds that the main residence has been relocated. However, relocation of main residence is also assumed if the foreign national stays outside the Netherlands for more than four consecutive months in three consecutive years.

These rules are less strict for, among others, highly skilled migrants. They can work outside the Netherlands for eight months in any twelve-month period.

Anyone who stays outside the Netherlands for more than six consecutive months therefore runs the risk that the IND will withdraw their residence permit, unless an exception applies, as it does for highly skilled migrants.

When assessing whether main residence has been relocated, the periods mentioned above are decisive, but the IND also takes into account the foreign national’s intentions and the factual circumstances. In other words, besides the length of the stay abroad, the IND also looks at other signals, such as deregistration from the municipality or renting out the home in the Netherlands.

Advice in advance

For a temporary assignment abroad, it is advisable to have the consequences assessed before departure, for both the employee and the family. If you have any questions, please contact us.

Highly skilled migrant? Questions?