When it comes to managing international employees, a wide range of topics such as extensions, family permits, salary thresholds, and employees temporarily leaving the Netherlands all come into play and require attention.
For many HR teams, the real challenge is not the initial relocation, but having the right assistance to manage everything that comes afterwards.
How does the renewal process for a highly skilled migrant visa work?
When renewing a residence permit for highly skilled migrants, the employer must again demonstrate that all IND requirements are met. The employee’s salary must meet the current IND salary threshold in effect at the exact time the renewal application is submitted. If the salary falls short of this threshold, the employer must first increase it before submitting the application.
How long is a highly skilled migrant allowed to stay outside the Netherlands?
A highly skilled migrant or researcher may stay outside the Netherlands for up to 8 months within a 12-month period. Two strict conditions apply: this stay must be work-related, and the employee must remain employed by the Dutch sponsor. For regular residence permits, an absence of more than 6 consecutive months can result in the loss of primary residence status.
About extensions
In practice, the majority of immigration-related compliance work happens after the initial permit has been granted.
Residence permit extensions require employers to verify that all original conditions are still met. For highly skilled migrants, this includes confirming that the salary continues to meet the IND threshold applicable at the time of extension. Which, in some cases, may require salary adjustments before submitting the extension application depending on which salary threshold applies to the highly skilled migrant at that moment. You can find more on that topic by clicking this link.
When it comes to family members, their permits also need to be reviewed during extensions. Employers often assist employees by confirming that income requirements are still met and that the employee continues to qualify as a sponsor for family members residing in the Netherlands.
However, because salary thresholds and regulations are updated regularly, relying on outdated information can easily lead to rejected applications or delays. Moreover, each case can be different, and some highly skilled migrants might be eligible for a reduced salary criterion, for example.
For companies growing quickly and hiring multiple international employees, keeping track of these details across several employees becomes increasingly complex, which is one of the reasons why we’ve created YourExpats, and an automated platform to track and tackle these matters for you.
About employees that leave the Netherlands temporarily
Another common situation arises when an international employee temporarily leaves the Netherlands while remaining employed by the Dutch company.
Highly skilled migrants and researchers may stay outside the Netherlands for up to 8 months within a 12-month period, provided the stay abroad is for work purposes and the employee continues to meet the conditions of their residence permit. If the employee is seconded to another EU country, they may stay abroad longer, but the employer must report this to the IND in time.
For other residence permits, different rules may apply. In some cases being outside the Netherlands for more than 6 consecutive months within a calendar year may lead the IND to conclude that the employee has moved their main residence abroad.
It is always important to carefully monitor deregistration from the BRP as well .
These situations require careful monitoring, as prolonged absence can affect residence rights or future extensions.
Long story short
The real challenge isn’t hiring international talent, it’s staying compliant afterwards. Extensions, salary thresholds, and time spent abroad all require continuous monitoring. Please note that these are just two examples; however, there are many more scenarios where help is often sought. For example, the expat scheme that the threshold changes yearly and if someone is benefitting from a young masters exemptions for those under 30; you do not want to miss out on the employee turning 30...
⚡ HR Checklist: Immigration Compliance After Relocation
- Salary Check: Does the salary still comply with the latest IND standards, which are updated annually?
- Family members: Does the primary sponsor still meet the income requirements as a sponsor?
- BRP Deregistration: Is temporary absence and registration with the municipality being properly monitored?
- Age limit: Is a young migrant approaching the age of 30, which would raise the salary threshold?
