The Netherlands offers attractive opportunities for international professionals through the highly skilled migrant scheme. At the same time, this scheme comes with clear obligations, and in practice, compliance is being monitored more actively than ever.
While it is generally known that employers of highly skilled migrants carry significant responsibilities as recognized sponsors, recent decisions by the Dutch Immigration and Naturalisation Service (IND) have made it clear that highly skilled migrants themselves are also expected to take responsibility when the rules surrounding their residence permit are not strictly followed. Where non-compliance is identified, this may have far-reaching consequences for the permit holder.
In this blog, we explain the key compliance considerations highly skilled migrants should be aware of, with references to relevant in-depth topics where appropriate.
One of the main pillars of the highly skilled migrant scheme is the salary criterion. Highly skilled migrants must meet fixed minimum salary thresholds, which differ depending on age category and individual circumstances and are indexed annually by the IND.
In addition, the salary must be market compliant and actually paid. This means that deviations, for example due to unpaid leave or structural changes in employment conditions, may directly affect the residence status of the employee.
Highly skilled migrants are expected to understand which salary threshold applies to their situation and to proactively raise concerns if the salary no longer meets the applicable requirements.
For a complete overview, also see our blogs on:
A less visible, but equally important, requirement is that a highly skilled migrant may only work for an employer that holds recognized sponsor status with the IND. This status allows employers to use the accelerated highly skilled migrant procedure.
Recognized sponsors also have ongoing obligations toward the IND, including reporting obligations and administrative record-keeping requirements.
Circumstances may change during a stay in the Netherlands.
Examples include:
a change in position;
a salary adjustment;
or the termination of employment.
Such changes must be reported to the IND in a timely manner. This is not merely an administrative formality, but part of the legal compliance framework attached to the highly skilled migrant scheme.
From the employer’s perspective, there is a clear obligation to report relevant changes within the applicable deadlines. However, the IND also expects highly skilled migrants themselves to take an active role in safeguarding compliance.
In addition to the formal legal requirements, the practical execution of the arrangement is equally important. Salaries must be paid correctly and through the appropriate channels, and employment agreements should align with the duration and conditions of the residence permit.
In practice, this is often where compliance risks arise. Small administrative inconsistencies or unclear documentation can later develop into more significant compliance issues. Employees are therefore expected to actively monitor their own position, for example by reviewing payslips to ensure the salary continuously meets the applicable threshold.
Over the past few years, it has become increasingly clear that supervision by the IND is no longer limited to the initial permit application. The IND now performs retrospective audits more frequently to verify whether all conditions have been met throughout the entire residence period.
These audits may go back several years. The IND not only reviews the original application, but also assesses the factual situation during the stay in the Netherlands. If it is determined that the applicable conditions were not met during a certain period, this may have retroactive consequences.
This reflects a broader development in which immigration compliance is viewed as an ongoing process rather than a one-time assessment at the moment of entry.
If it appears that the applicable conditions are no longer met, this may have significant consequences for both the employee and the employer.
The IND may decide to:
refuse an extension of the residence permit;
revoke the permit, with or without retroactive effect.
For employers, the consequences may also be substantial. Depending on the circumstances, these may range from warnings and administrative fines to, in more serious cases, withdrawal of recognized sponsor status. This may impact previously issued permits as well as ongoing and future applications.
These risks underline the importance of continuous compliance and robust internal processes.
Although many formal obligations rest with the employer, highly skilled migrants themselves also play an important role. This includes identifying relevant changes, understanding the applicable conditions, and sharing important information in a timely manner.
In practice, successful immigration processes depend on close collaboration between HR, legal teams, and the highly skilled migrant to maintain a compliant file.
The highly skilled migrant scheme offers speed and flexibility, but it also requires accuracy and ongoing attention. Given the increasing focus of the IND on supervision and enforcement, it is more important than ever to continuously comply with all applicable conditions.
By understanding the rules, making use of available expertise, and acting promptly when circumstances change, organizations and employees can reduce compliance risks and help ensure a stable and predictable stay in the Netherlands.