Stricter rules for the highly skilled migrant scheme

The government intends to significantly tighten the rules for the highly skilled migrant scheme. The aim is to prevent misuse of the scheme and ensure a fairer labor market. These are the main plans:

Higher minimum salary for highly skilled migrants below 30 years of age and graduates
Highly skilled migrants must meet a minimum salary threshold to work in the Netherlands. This amount will be increased:

• For highly skilled migrants below 30 years of age, the gross monthly salary will rise to €4,551.
• For recent graduates (from universities or universities of applied sciences), a higher starting salary will apply. The monthly salary may be raised to the average gross monthly salary of Dutch labor market starters.
• For highly skilled migrants aged 30 and above, the salary threshold will remain unchanged.

Additionally, it is being considered to limit the period during which the lower salary threshold for recent graduates applies:

• When renewing the highly skilled migrant permit after the age of 30, the higher salary threshold for those over 30 will apply.
• For recent graduates, there will be a maximum period of three years after graduation during which the lower salary threshold can be applied. Currently, there is no time limit during which the lowest salary threshold remains applicable. Also not when the highly skilled migrant changes employers.

Stricter requirements for companies hiring highly skilled migrants
Employers must be IND recognised sponsor to employ highly skilled migrants.

• New is that companies can lose their IND recognizes sponsorhip if they do not use the highly skilled migrants scheme or submit applications for two consecutive years.
• Additionally, recognition can be refused or revoked in the future if companies have committed serious or repeated violations. This could be the case with tax offenses, failure to pay the statutory minimum wage, use of illegal labor, or violations of other relevant legislation.
• Finally, the government is considering extending the look-back period for tax penalty fines and administrative fines from four to five years.

Stricter control on appropriate salary
There will be increased scrutiny on whether the salary of the highly skilled migrant matches the position. This is intended to prevent unfair competition and underpayment.

No more highly skilled migrants via temporary employment through IND payroll agencies (Employer of Record)
The government wants to prevent companies from hiring for an indefintie period highly skilled migrants through temporary employment by IND payroll agencies (Employer of Record). This will only be allowed in exceptional cases, such as innovative start-ups and scale-ups. In addition, employers will be required to provide more information on how they supervise the highly skilled migrant.

Read more about the tightening for IND payroll companies.

Future

It is now mainly a matter of waiting to see exactly what will happen with the announced changes. The outcome largely depends on the advice of the Social and Economic Council and political developments in the coming months. However, we expect that, regardless of political shifts, the highly skilled migrant scheme will undergo significant changes.

We are closely monitoring the process and will keep you informed.