Dismissal as a Highly Skilled Migrant

Search period, the IND, and residence options

_{By Feyza Arikan}

Introduction

Zayn has found a good job at a Dutch company. His employer is a recognized sponsor, and Zayn lives in the Netherlands with a highly skilled migrant residence permit, which remains valid as long as his employment contract continues.

His wife is also working in the Netherlands as a highly skilled migrant. Together, they have built a life here.

After some time, Zayn realizes that he is unhappy in his role. This weighs heavily on him, because his right of residence in the Netherlands is directly tied to his job. Around the same time, his employer reorganizes, and unfortunately, he is declared redundant. Once his employer reports this to the IND, a statutory three‑month search period begins. During this period, he must find a new job with another recognized sponsor in order to keep his residence permit.

Although Zayn would like to switch to another highly skilled migrant position, he quickly realizes that in practice three months is often not feasible. Recruitment processes often take longer than expected, and not every potential employer is a recognized sponsor. Zayn fears that he will not find a new job within the search period, putting his residence rights at risk.

Garden Leave

Zayn discusses his situation with his employer. By mutual agreement, they decide that Zayn will be relieved of his duties and placed on non-active status for a period of three months (also referred to as garden leave). During this period, Zayn formally remains employed and continues to receive his salary. These arrangements are laid down in a settlement agreement, which stipulates that the employment contract will only terminate after the garden leave period has ended.

Because Zayn continues to meet the conditions of his highly skilled migrant residence permit during the garden leave, his right of residence is not at risk. The statutory three-month search period only starts after the formal termination of the employment contract. In practice, this gives Zayn additional time to secure new employment, without the immediate pressure of the statutory search period.

For highly skilled migrants who are ending their employment with a recognized sponsor, garden leave can be an effective way to manage the transition to a new job without immediately risking their residence permit.

If Zayn does not find a new job with a recognized sponsor, even with the extended time, there may still be other options to keep his right of residence in the Netherlands.

Residence as a Self‑Employed Worker

ayn may start his own business alongside his employment and carry out activities within that business, as long as he continues to meet the conditions of his highly skilled migrant permit.

If Zayn is no longer able or willing to combine his job with his business activities, he can apply for a residence permit for self-employment. The RVO will assess, based on a points system, whether his business serves a substantial essential interest of the Dutch economy. This assessment includes, among other things, his personal experience, a comprehensive business plan, and his added value to the Dutch economy.

Residence Based on a Partner

Zayn is married to a spouse who also resides in the Netherlands as a highly skilled migrant. If Zayn does not find a new position as a highly skilled migrant and is also unable or unwilling to transition to self-employment, he may choose to apply for a residence permit as a dependent of his partner.

Married and unmarried partners can qualify for a partner residence permit, provided that the relationship is proven. Depending on the partner’s permit type, this may also allow free access to the labour market.

Other Residence Options

In addition to the options discussed above, there may in some cases be other residence options available. Which option is appropriate depends largely on the personal circumstances and background of the highly skilled migrant.

For example, Zayn could apply for a study residence permit at a recognized Dutch educational institution. In exceptional cases, a search‑year permit for graduates may be possible, if he completed a master’s degree within the past three years and meets the other conditions.

In addition, a highly skilled migrant with an innovative business idea may qualify for a start-up visa, in cooperation with a recognised facilitator. Depending on the salary level and educational background, a European Blue Card may also be an alternative. Unlike the highly skilled migrant scheme, the European Blue Card does not require the employer to be a recognised sponsor.

Those working in scientific fields may consider a researcher residence permit, for example to conduct research at a recognized institution.

Regular Residence, Permanent Residence, Naturalisation and Article 8 ECHR

If Zayn has resided lawfully and continuously in the Netherlands for a period of five years, he may qualify for a permanent residence permit or for naturalisation as a Dutch citizen. An important condition is that he meets the civic integration requirements, including passing the civic integration examination.

If he does not (yet) meet the integration requirements, he may still switch after five years to a regular residence permit for employment. In that case, his employer does not have to be a recognized sponsor, no work permit (TWV) is required, and the stricter salary thresholds for highly skilled migrants no longer apply.

In exceptional cases, a claim can be made under Article 8 ECHR, the right to respect for private and family life. This requires demonstrating the existence of durable personal ties with the Netherlands. This is a strict assessment, but success is possible in individual cases.

Tailored Advice

Which residence option is suitable depends on Zayn’s personal circumstances and whether he meets the specific legal requirements of each permit type. The IND applies strict assessments, so a careful and timely application is essential.

It is crucial to obtain legal advice early when facing redundancy, dismissal or when considering ending employment, before taking steps that may have irreversible consequences for the residence status in the Netherlands. Choosing the wrong route can lead to gaps in lawful residence, thereby jeopardising eligibility for a permanent residence permit or naturalisation.

We therefore recommend contacting one of our lawyers at an early stage, so that we can assess together which options are most appropriate in your specific situation and which steps should be taken carefully in communication with the IND.

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