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19

EU blue card

  • Salary criteria for employees in the Netherlands

  • Chiropractors in the Netherlands

    In the Netherlands, Chiropractic is not a common profession: no schools or Universities offer programs to acquire a degree in the field. In countries such as Canada, USA, South Africa, and Australia it is possible to study chiropractic. 

    Chiropractic clinics often work with personnel from outside of the European Union, who require a residence and work permit to do their work as a chiropractor in the Netherlands. I will discuss the pros and cons of each option below.

  • EU Blue Card

    The EU Blue Card is a combined residence and work permit for highly qualified expats who are not a national of any of the member states of the European Union (they are third country nationals).

    The permit stems from an EU Directive (Directive 2009/50/EC) and is administered in the Netherlands next to the national program for Highly Skilled Migrants.

    Conditions

    When an expat without EU-nationality finds a highly qualified job with an employer in the Netherlands, a Blue Card can be a suitable permit.

    The employer does not need to be a recognized sponsor with the IND.

    Mobility

    A Blue Card holder who has completed 18 months of work in a first EU member state, is allowed to take up Blue Card work in a next member state under the conditions of this other member state.
    Each member state applies its own policy, such as the minimum wage, based on at least 1,5 times the national average annual gross salary.

    The expat must apply for another residence permit in the member state of next destination but is exempted from the requirement of an entry clearance visa (mvv). The application is assessed by the member state of next destination.
    Mobility in this context is only possible to and from member states that have implemented the Blue Card directive. A Blue Card cannot be applied for in the United Kingdom, Ireland, or Denmark.

    The permit

    The Blue Card is valid for the duration of the contract, with a minimum validity of 1 year and a maximum validity of 5 years. The permit can be renewed as needed.

    The Blue Card holder may only work for the employer with whom the permit was issued. 

    Spouses, registered partners and minor children are entitled to a residence permit to live with the Blue Card holder. They have free access to the Dutch labor market.

    Since the implementation of the Blue Card directive, the number of applications for the Blue Card have been relatively low in the Netherlands and other EU member states. Tough requirements, such as the degree requirement and the high minimum salary, are not appealing to employers. In the Netherlands, employers will generally opt for the Highly Skilled Migrant program.


    For more information about the Blue Card, you can contact Marcel Reurs or Bram van Melle.

  • Introduction: Working in the Netherlands

    If a non-EU person (third country national) wants to work in the Netherlands, he/she can do so as a Highly Skilled Migrant, with an EU Blue card or with a combined permit for stay and work (GVVA). If it concerns an intra company transferee, the EU ICT Directive may be applicable. Lastly, there are special regulations for posting staff within the EU (cross-border service provision).

     [continues below matrix]

    Matrix comparing Highly Skilled Migrant program, EU Blue Card, EU ICT and national ICT:
     
    highly skilled
    migrant program
    blue card program
    ICT EU
    ICT national

    position

    manager, specialist

    manager, specialist

    manager, specialist, or trainee as defined in Directive 2014/66

    manager, specialist

    salary threshold

    see current amounts here

    see current amounts here

    see current amounts here

    see current amounts here

    salary competitive with labor market?

    yes

    fixed in salary threshold

    yes

    yes

    processing time

    2 weeks for recognized sponsor

    2 weeks for recognized sponsor, max. 90 days for non-recognized sponsor

    2 weeks for recognized sponsor, max. 90 days for non-recognized sponsor

    3-5 weeks work permit/ 90 days residence permit

    posting or local contract?

    local

    local

    posted assignee remains employed by foreign employer

    both possible, as long as assignment is temporary

    awaiting decision abroad?

    only if visa required

    only if visa required

    only if visa required

    only if visa required

    education

    college-academical

    college-academical of at least 3 year

    voor trainee: master degree

    college-academical

    may family members work?

    yes

    yes

    yes

    work permit (not tested) required

    validity

    duration of contract; max 5 years

    duration of contract; minimum 1, max 4 years

    duration of assignment; max 3 years

    duration of assignment; max 3 years

    extension possible?

    yes, unlimited

    yes, unlimited

    no - 6 months cooling-off period after 3 years of EU ICT labor*

    yes, as long as assignment remains temporary

    permanent residency possible?

    yes

    yes

    yes, but only based on national policy

    no

    mobility in EU?

    no

    yes, after 18 months

    yes

    no

    * There are options to remain in the Netherlands by changing immigration category

     

    Our services

    Everaert Advocaten has more than 30 years of experience in assisting Dutch and international companies in the Netherlands and abroad. Our lawyers are seasoned professionals in the field of labor migration to the Netherlands and Europe.

    We can help to find your best options, which application types are best suited to your needs and advise on the compliancy issues involved. When things have gone awry, you can also call in our support.

    For more information or advice on any of the above, please contact Marcel Reurs or Bram van Melle.

     

  • No more fines for delayed payment of Blue Card holders

    In a judgment dated 20 March 2019, the court of The Hague held that there is no separate obligation for the employer of a Blue Card holder to transfer the salary to the Blue Card holder’s bank account every month. That means only the salary criterion is decisive for meeting the conditions of the Blue Card.

  • Salary thresholds for highly skilled migrants 2021

    The 2021 salary thresholds for highly skilled migrants, Blue Card holders, key personnel of intra-corporate transfers (ICT) and recent graduates in the Netherlands have been published.

  • The European Blue Card in the Netherlands; an easier ride to highly skilled migrant employment?