Changes regarding the obligation to keep and retain records for recognized sponsors of highly skilled migrants subject to reduced salary criterion

As a recognized sponsor, the employer of a highly skilled migrant has the obligation to keep and retain details of the foreign national in their records. This obligation comes down to retaining the evidence showing that the foreign national meets the conditions for the requested residence permit. Failure to comply with this obligation can be fined under the Aliens Act (in Dutch: Vreemdelingenwet). In the worst case, recognition as a sponsor can be suspended or even revoked by the Immigration and Naturalisation Service (IND).

As of 1 April 2024, the obligation to keep and retain records for recognized sponsors from employees who are subject to the reduced salary criterion (in 2024: €2,801 gross per month) will be elaborated. The reduced salary criterion applies to highly skilled migrants who:

1. apply for a permit as a highly skilled migrant, following a search year permit, or
2. have had a search year permit less than three years ago, or
3. graduated with a Bachelor or Master diploma or did a post-master’s program less than three years ago.

Currently, the administrative requirement for highly skilled migrants subject to the reduced salary criterion consists of retaining the wage statements and a copy of the foreign national’s diploma. The following documents will be added to this list:

• A copy of the diploma or certificate of the foreign national, confirming the graduation date;
  
  
• A document showing that the foreign national has the required minimum level of knowledge of the English or Dutch language;
  Such proof is provided by one of the following documents:
  • a test report showing that the foreign national scored at least 6.0 in the International English Language Testing System; or
  • a test report showing a similar minimum score in an English language test, such as one included in the Code of Conduct International Student in Dutch Higher Education (in Dutch: Gedragscode internationale student hoger onderwijs); or
  • a diploma, certificate or document referred to in article 2.3, first sentence of the Decision on integration (in Dutch: Besluit inburgering); or
  • evidence showing that the foreign national obtained their master’s, doctoral or postdoctoral studies in English or Dutch.
    
    
• (If the foreign national has graduated outside the Netherlands:) Documents showing that on the date of graduation or doctoral defense, the education institution ranked in the top 200 of at least 2 publishers referred to in article 3.23 of the Aliens Regulations (in Dutch: Voorschrift Vreemdelingen);
  Such proof is provided by keeping copies of two of the three rankings listed below, as valid at the time of graduation/promotion of the foreign national.
  • World University Rankings 2024 | Times Higher Education (THE)
  • QS World University Rankings 2024: Top Global Universities | Top Universities
  • Academic Ranking of World Universities 2024 – Mastersportal.com
    
    
• (If the foreign national has graduated outside the Netherlands:) A copy of a credential evaluation from Nuffic and SBB of the diploma or certificate of the highly skilled worker.

If you have any questions regarding hiring a highly skilled migrant subject to the reduced salary criterion, please contact us.