Residence permit - EXTERUS

Residence permit

Residence permits come in several forms, but the most important procedure for companies is the scheme for highly skilled migrants. The highly skilled migrant-scheme is a fast route, but only applies to employees of Dutch registered companies who earn a certain minimum salary.

Highly skilled migrant scheme

Under the highly skilled migrant scheme, the permit application is made by the employer, who is considered a recognised sponsor for immigration purposes. In order to become a recognised sponsor, the employer needs to obtain admission from the Immigration Authorities.

However, due to the entry into force of new immigration legislation as per 1 June 2013, it has become more difficult for newly incorporated companies to obtain access to the highly skilled migrant procedure. A newly incorporated company should demonstrate that its business has a Dutch essential interest and is viable, which should follow from an extensive business plan. Judgement is based on a points system, with a minimum number of points needed in order to obtain admission.

Recognised sponsors can file residence permit applications on behalf of the employee. Official decision on the application for the individual employee will usually follow after 2 weeks. The advantage of the scheme is that no separate work permit is required.

Please note that a 'duty of care' rests on the recognised sponsor, which means that a careful selection and recruitment process of highly skilled migrants must be carried out, including informing the employee during the selection and recruitment process about the entry and residence conditions with which they must comply. During the employment, the employer also has an obligation to inform the Immigration Authorities of relevant changes in the employment relationship with the highly skilled migrant.

We can assist you with:

  • the admission as a recognised sponsor;
  • applications for individual employees;
  • safeguarding compliance with the highly skilled migrant scheme.

Self-employed persons

There is an important exception to the highly skilled migrant scheme: the shareholder/employee. A shareholder of a company who owns more than 25% of the shares in that entity - directly or indirectly - will be treated as a self-employed person for immigration purposes. In such cases, the Highly Skilled Migrant procedure does not apply.

A self-employed person should demonstrate that his or her business has a Dutch essential interest and is viable, which should follow from a detailed business plan. Assessment is based on a points system, with a minimum number of points needed in order to obtain a residence permit.

The official decision on an application for a self-employed person may take up to 6 months, provided that all relevant information is made available, completely and in good time. The advantage of the scheme is that no separate work permit is required, although work is generally limited to the activities performed as self-employed person.

We can assist you with:

  • a review of your business plan;
  • applications for self-employed persons;
  • safeguarding compliance with the highly skilled migrant scheme.

Other

If one of the above categories is not applicable, there may be other options for obtaining a residence permit. You will also need a separate work permit if you want to work in the Netherlands. Please contact us for more information about different types of residence permits from the ones mentioned above.

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