Limiting the broad concept of ‘employment’
For years, the Foreign nationals employment Act (Wav) has enjoyed a very broad concept of ‘employment’. The Labour Inspection and the courts often refer to the legislative history in which a broad understanding of ‘employment’ was established in order to counteract sham constructions and to limit the burden of proof for enforcement. Employers, for example, who would never be regarded as an employer by labour law are regularly fined. Whether there is a contract, authority or salary is irrelevant, thus making an entire range of employers (clients, contractors and all subcontractors) subject to fines.
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Admission of Freelance Creatives
Point based system
Since the beginning of 2008 admission of freelancers in the creative and design field has been made on the basis of a point system. A freelancer must score a minimum of 90 points in order to be allowed entry into the Netherlands. This is assessed by ‘“AgentschapNL‘ (an agency within the Ministry of Economic Affairs). Points are accumulated in the categories: ’personal experience’, ’business plan’ and ’added value for the Netherlands’. There are a possible 100 points per category and a minimum of 30 points per category is ultimately re-quired in order to gain entry.
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Provisional ruling in Alien’s Employment Act fines: suspension of payment obligations
In two legal decisions the judge ruled that the penalty fines would be suspended because the persons that were considered to be employers would find themselves in an emergency financial situation by paying the (instalments of) the fine.
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As of 1 January 2012 new salary requirement for highly skilled migrants
Highly skilled migrants must satisfy a salary requirement. This requirement is amended each year, starting January 1st. For 2012, the following amounts are in place:
Highly skilled migrants from the age of 30: € 51.239
Highly skilled migrants younger than 30: € 37.575
Students graduated in the Netherlands: € 26.931
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Changes in the Dutch 30% tax ruling starting 1 January 2012
The budget of the Dutch government for 2012 includes a bill introducing important changes to the 30% tax benefit ruling of the Dutch Finance Department. The changes represent important restrictions for budgetary reasons. The good news is for young foreign PhD students graduating in the Netherlands.
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Pilot for short stay as a highly skilled migrant starting January 1
Starting 1 January 2012, companies registered with the Dutch Immigration Department for hiring highly skilled migrants ('kennismigranten") will also be facilitated in obtaining UWV work permits for work assignments up to 90 days.
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Wealthy Immigrants Welcome
Wealthy immigrants, read carefully. With the Modern Migration Policy Act the possibilities of taking up residency in the Netherlands will increase. Pursuant to a new paragraph in the Dutch Aliens Act wealthy aliens may acquire a residence permit to retire in the Netherlands.
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Voorstel aanpassing hervorming 30% regeling
There are no translations available.Staatssecretaris Weekers heeft besloten tegemoet te komen aan de kritiek op de voorgestelde hervorming van de 30% regeling.
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Introduction of ‘Market Conformity Test’
On 19 June 2011, the ‘market-conformity test’ was introduced. With this test, IND has the possibility to refuse a highly skilled migrant the regular residence permit if the salary agreed is not in line with market conditions.
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Fees for entry clearance visa and residence permits to rise as of 1 July 2011
The fees for applications that enable foreign nationals to work or study in the Netherlands or to form or reunite a family will go up on 1 July. According to the coalition agreement the fees have to be as cost-effective as possible.
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Ted Badoux
Gertjan van Andel
Marcel Reurs
Vera Kidjan
Stephan Roelofs
Monirah van Marissing-Knoors
Susanne Mooij
Nina Matt