It can happen that a highly skilled migrant’s salary (temporarily) dips below the threshold when they make use of statutory leave.
This can be allowed if the type of leave is specified by the Dutch law for Work and Care (Wet Arbeid en Zorg):
- maternity leave
- parental leave
- adoption and foster care leave
- additional maternity leave
- short- or long-term care leave
It can also be allowed when a highly skilled migrant participates in a strike and as a result does not meet the salary threshold anymore. The right to strike is established by law.
In all these cases however, several conditions must be met:
- The IND must be notified of the statutory leave/strike and the consequences for the salary. This can be done via the Business Portal or by the notification form for employment-related residence purposes (recognized sponsor).
- The notification must be received by the IND within 4 weeks of the start of the leave/strike.
- The leave/strike must be well documented and included in the employer's records so that it can be shown during an IND inspection.
In all cases of statutory care leave, the employer must be able to demonstrate that the highly skilled migrant is indeed entitled to this leave and that it is necessary.
For more information, please contact Marcel Reurs or Kirsty Gies.