Long-term illness and the Highly Skilled Migrant permit

_{Door Thomas van Estrik}

A highly skilled migrant who becomes ill will probably first think about the possible employment-law consequences. Will salary payments continue? How long will recovery take? However, illness can also affect the right of residence. If income during illness falls below the salary threshold for highly skilled migrants, the right of residence may be at risk.

Salary reduction during illness

Consider a 35-year-old highly skilled migrant who earns €6,500 gross per month. In 2026, the salary threshold for highly skilled migrants aged 30 and older is €5,942 gross per month. If the employee receives only 70% of the salary during illness, the salary falls to €4,550. This is below the applicable salary threshold.

Payment of 70% of the salary may be permitted under employment law, but it can create an immigration-law risk: a highly skilled migrant must continue to meet the conditions of the residence permit at all times. If the salary decreases, the IND may reassess whether those conditions are still met.

Duty to report for the employer (Recognized Sponsor) and employee (Highly Skilled Migrant)

As a rule, a recognized sponsor must report changes that may affect a highly skilled migrant’s right of residence to the IND within four weeks. This includes situations in which the highly skilled migrant no longer meets the salary threshold. The highly skilled migrant also has a duty to provide information.

A report does not automatically result in revocation of the residence permit. However, following a report, the IND will assess whether the conditions of residence are still met and, if not, whether this provides grounds to revoke the residence permit.

Which salary threshold applies, and which salary components count?

If salary decreases due to illness, it must be determined whether the new salary still meets the applicable threshold. Simply comparing the gross base salary with the threshold in effect during the year in which the salary reduction occurs does not provide the full picture.

The applicable salary threshold is not always the current threshold. It is the threshold that applied in the year in which the current residence permit application was filed. For example, if the highly skilled migrant was under the age of 30 at that time, qualified for the reduced salary criterion, or applied for the current residence permit four years ago, that earlier, lower threshold may still apply. When the residence permit is extended or the highly skilled migrant changes employers, the threshold applicable in the year in which the extension application was received or the change of employer took place applies.

In addition to base salary, fixed allowances may count if they are contractually agreed upon and paid each month. Holiday allowance, benefits in kind, and variable or uncertain salary components do not count.

What is the risk?

If the salary falls below the applicable threshold, the IND may initiate revocation proceedings. This does not happen automatically with every temporary decrease, but the risk is real.

Revocation can have serious consequences for the highly skilled migrant and any family members. Employers should also be aware that employment-law obligations, such as continued salary payments and reintegration obligations, do not automatically end if the employee’s right of residence expires.

Can the job-search period provide a solution?

Not while the employment relationship continues. The job-search period is intended for situations in which employment ends and the highly skilled migrant must find new employment. The length of the job-search period depends on the circumstances and the remaining validity period of the residence permit.

If, when employment ends, the employee has already failed to meet the conditions for an extended period, the IND may decide not to grant a job-search period. The situation should therefore be assessed as soon as a salary reduction is anticipated, rather than only after it has already occurred.

What solutions are available?

The most direct solution is to prevent the salary from falling below the applicable threshold. For example, the employer can determine whether the salary during illness can be supplemented.

In some cases, it may be possible to change to another type of residence permit. During the first year, for example, a European Blue Card may offer greater protection if salary decreases due to illness.

If the highly skilled migrant has held a permit for more than five years, changing to a residence permit for paid employment may be possible. This type of permit does not require compliance with the salary threshold for highly skilled migrants.

Changing permits is not always possible. The options should therefore be explored before the salary actually falls below the applicable threshold.

Prevent illness from becoming an immigration problem

Will a highly skilled migrant’s salary decrease during illness? Before the reduction takes effect, check whether the applicable salary threshold will still be met. Taking timely action can help prevent problems with the residence permit.

The following practical checklist can be used to limit the immigration risks associated with a highly skilled migrant’s illness:

1. Determine in a timely manner whether, when, and by what percentage the salary will decrease during illness.
2. Identify the salary threshold that applies to the highly skilled migrant. Check when the highly skilled migrant started employment, whether the reduced salary criterion for graduates applies and, if not, whether the employee was under the age of 30 at that time. Also check the year in which the current residence permit application was filed and whether fixed allowances and reimbursements can be included in addition to base salary.
3. Assess whether the income reduction must be reported to the IND and, if so, within what period.
4. Before the salary reduction takes effect, explore whether the salary can be supplemented or whether changing to another type of residence permit is possible.
5. Document the assessment, the decisions made, and all communications regarding the points above.

Advice

Are you an employer or highly skilled migrant dealing with long-term illness and unsure whether the conditions of the residence permit are still met? Contact us promptly. We can assess the immigration risks and advise you on appropriate measures to protect the highly skilled migrant’s residence status as effectively as possible.

Contact us