|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
To whom do the new amounts apply?
For all applications for an MVV or residence permit, received by the IND on or after January 1, 2012.
If the application for an MVV has been received by the IND before January 1, 2012, the income requirements of 2011 will still apply to the applications for the consecutive residence permit, even if submitted after January 1, 2012.
Do I have to amend the salaries of our highly skilled to the new amounts each year?
When do I need to apply the new amounts?
To start with, you need to apply the amounts when you hire a highly skilled migrant, from abroad or in the Netherlands, or when a highly skilled migrant is posted with your company. You also need to apply the amounts when your employee needs to apply for extension of the residence permit.
Further, you need to make sure that the salaries of your highly skilled migrants are not lowered beneath the threshold that was applicable at the time of the application of the residence permit. E.g. in case of a worker who wants to work part time.
Which salary components are counted in?
The salary thresholds only relate to the fixed monetary components of the annual base salary, including the mandatory holiday allowance and - if applicable - a 13th month pay benefit, provided it is fixed and confirmed in the employment agreement or transfer letter. The value of payments in kind and non-fixed parts of the salary as overtime, tips and grants from funds are not counted in.
Which salary threshold is applicable to which highly skilled migrant?
In 2012, highly skilled migrant workers who were 30 years or older at the start of the sponsorship need to meet with the € 51.239 threshold.
Those who were 29 years or younger at the start of the sponsorship need to meet with the € 37.575 threshold and will remain in that category even when they reach the age of 30, provided they will remain under the employer’s sponsorship. Please note that "employer" in this regard relates to the specific legal entity that acts as the official sponsor.
Those who qualified under the “graduated students” category at the start of the sponsorship, will remain in that category regardless of whether they change sponsor or reach the age of 30.
Researchers and trainee-specialists are exempt from the highly skilled migrant income requirement, but do need to meet with the general income requirements for foreign nationals.
Please note that “sponsorship” relates to a company employing a highly skilled migrant in the Netherlands as well as a Dutch company hosting a highly skilled migrant due to an intra-company transfer.