For HR professionals in the Netherlands, compliance with immigration regulations requires continuous attention and careful alignment with broader HR policies. One of the most important aspects of this compliance is ensuring that salaries offered to foreign employees are market-conform. Salary levels are a central element in Dutch immigration applications and must be defensible not only against formal requirements, but also against Dutch labor market standards.
This applies to applications submitted under the Highly Skilled Migrant-scheme, and Intra-Corporate Transferee scheme, where salary compliance plays a critical role throughout the assessment process.
'Salaries in line with market' as an ongoing compliance requirement
A market-conform salary is a salary that aligns with what is customary in the Netherlands for a comparable role. From an immigration compliance perspective, the Immigration and Naturalization Service (IND) looks beyond the applicable salary threshold and evaluates the overall remuneration in context.
Key factors typically considered in such an evaluation include:
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The actual job duties and level of responsibility
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Required education, qualifications, and work experience
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The sector and prevailing labor market conditions
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Contractual working hours and employment conditions
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Internal pay structures and consistency within the organization, or any Applicable Collective Labor Agreements (CAOs)
For Highly Skilled Migrant and Intra-Corporate Transferee applications in particular, meeting the minimum salary threshold is a formal requirement. However, HR teams should be aware that compliance also depends on whether the salary reflects market reality for the role.
Salary assessment in Highly Skilled Migrant and ICT applications
When reviewing Highly Skilled Migrant and Intra-Corporate Transferee applications, the IND assesses whether the offered salary is appropriate in relation to the position. This assessment forms part of the broader evaluation of the employment relationship and the employer’s compliance with sponsor obligations.
For HR departments, this means that immigration applications should be aligned with internal job grading, reward frameworks, and compensation policies. Remuneration packages should be based on clear and accurate job descriptions and the remuneration level should be supported by education and work experience and should result in realistic salary levels. This is essential for demonstrating compliance and this informaton should be kept available in the personnel-file.
Rising salary levels and their impact on compliance
An important consideration for HR teams is the general rise in salary levels across the Dutch labor market, including in roles and industries that were historically lower paid. Labor shortages, inflation, and competition for talent have led to significant wage increases in many sectors.
As a result, salary benchmarks that were previously considered market-conform may no longer reflect current conditions, and jobs that previously did not meet the thresholds. From a compliance perspective, it is important to have supporting documentation to evidence that the offered salary aligns with market standards.
This is particularly relevant for Highly Skilled Migrant and Intra-Corporate Transferee applications, where salary expectations are closely linked to the level and nature of the role.
Compliance risks for HR and employers
Insufficient attention to market conformity can create several compliance risks for employers, including:
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Delays in immigration application processing
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Requests for additional documentation or clarification
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Rejection of Highly Skilled Migrant or Intra-Corporate Transferee applications
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Increased scrutiny of recognized sponsor obligations
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Potential findings of non-compliance during audits or inspections
For HR professionals, these risks highlight the importance of embedding immigration considerations into regular compensation reviews and compliance processes.
It is important to note that although an immigration application may be approved, an audit may reveal that a salary offered to an employee is inconsistent within the salary structure of the company, and therefore could still raise questions about compliance.
A structured and well-documented HR approach
To manage immigration compliance effectively, HR teams are advised to take a structured approach to salary setting and documentation. This includes maintaining up-to-date market data, ensuring internal salary consistency, and clearly documenting how remuneration decisions are made.
By aligning immigration applications with broader HR and compliance frameworks, employers can reduce risk and support smoother processing of Highly Skilled Migrant and ICT-applications.
At Exterus, we work closely with HR and compliance teams to support employers with Highly Skilled Migrant and ICT-applications, with a particular focus on salary conformity and immigration compliance. Our practical experience helps organizations navigate this area with clarity and confidence.
