Knowledge migrant regulation
The Dutch Immigration Authorities (IND) introduced a simplified immigration procedure to attract Highly educated or talented foreign employees to the Netherlands; The knowledge migrant regulation ("KMR"). Not only is the KMR procedure the fastest immigration procedure, with the residence permit as knowledge migrant in place it will not be necessary to obtain a separate work permit in the Netherlands. Furthermore, the spouse or partner of de knowledge migrant will have work authorisation (“arbeid vrij toegestaan”) as well.
Conditions for the Knowledge Migrant Regulation
1. The foreign employee intends to remain and reside in the Netherlands for a period exceeding three months
2. The remuneration of the employee exceeds the income criteria of the KMR.
The gross remuneration as mentioned in the employment contract of offer letters are taken into account. Only gross amounts clearly mentioned and for example vacation allowance will be considered remuneration by the IND.
Four monthly income criteria:
1. Applicant over 30 years (2020): Eur 4.612 excluding 8% holiday allowance;
2. Applicant under 30 years (2020): Eur 3.381 excluding 8% holiday allowance;
3. For graduates that are employed by a KMR employer within one year after graduation in the Netherlands (search year) (2020): Eur 2.423 excluding 8% holiday allowance;
4. For European Bluecard (2020): Eur 5.403 excluding vacation allowance;
These income criteria do not apply for employees that will perform scientific research activities, or for medical doctors training to be specialists. The income for these employees must equal minimum wages.
Documentation required for the Knowledge Migrant application
First step: Agreement with the IND
In order to initiate the knowledge migrant process the employer in the Netherlands first has to submit: - the completed and signed agreement;
- a declaration of good payment of wage tax and social security from the tax authorities;
- an extract (not older than 30 days) from the Dutch chamber of commerce;
- the company tax number and bank account number in the Netherlands;
- the name, address, telephone number and e-mail address of the contact person/representative authorized to sign on behalf of the company;
- Governmental fee of EUR 3.927 ("leges 2019") or Eur 1.963 for smaller companies (start-ups or small business with up to 50 employees).
Second step: Gathering Documents
For the application for a residence permit as a knowledge migrant the following documents need to be submitted to the IND:
- A copy of the passport of the employee concerned;
- The employee´s current home address in the home country;
- A copy of the signed employment contract or offer letter in which the annual gross salary and the exact period of employment are clearly mentioned;
- passport photograph (size 35 x 45 mm) according to Dutch standards;
- The employee´s e-mail address and telephone number;
- A signed antecedent´s certificate;
- A signed TBC form (if applicable);
- A signed power of attorney.
Third step: Residence permit
Once the required documents are collected, the application for the residence permit can be filed.
In order to travel to the Netherlands for a stay of longer than 3 months, the employee may require a visa, a so-called Regular Provisional Residence Permit (MVV). If an MVV is required, the application for the MVV and the residence permit are filed in one single procedure. The application can be filed while the employee is still living abroad. If the MVV is granted by the IND, the employee can collect the MVV from the Dutch embassy/consulate in their country of residence and has to travel to the Netherlands within 3 months. Once the employee has arrived in the Netherlands, the IND will issue an invitation within approximately 2 weeks with details on when and where to pick up the residence permit.
No Visa Requirement
If the employee does not require an MVV, the application can either be filed while the employee is still abroad or when already in the Netherlands. It is however recommended to file the application while the employee is still abroad, as the outcome of the application is uncertain and it can at times prove difficult to obtain required documents while in the Netherlands.
Fourth step: registration
Foreign nationals who intend to stay in the Netherlands for a period exceeding three months, should register in the personal database at the Municipality of the place where they will be residing. For the registration process foreign nationals will be required to submit amongst others their relevant legalized certificates such as birth certificates or marriage certificates or unmarried status declarations.
If the Netherlands and the foreign country concerned have signed an apostille treaty an apostille will be sufficient. An apostille is an international certification comparable to a notarization in domestic law.