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.

If IND is made aware or suspects that the salary is not in line with market conditions, IND may decide to ask the UWV WERKbedrijf for its opinion. UWV WERKbedrijf (the work placement branch of the Employee Insurance Agency) is the body that provides opinions on behalf of the Dutch Minister of Social Affairs and Employment (SZW). For this opinion, the envisaged employer of the highly skilled migrant must demonstrate, at the request of IND, by submitting extra evidence, that the salary conforms to market conditions. The opinion of UWV WERKbedrijf to IND makes it clear whether or not the remuneration is in line with market conditions. For IND, the opinion may be a reason to grant, refuse or withdraw the residence permit. This new condition applies to all applications for stay as a highly skilled migrant filed on or after 19 June 2011. (source: IND)