When you move to the Netherlands for a job, you are likely to get a residence permit to work as a highly skilled migrant. Contrary to the general belief held by most highly skilled migrants, you do have the right to leave or switch your job for a new one.
Additionally, as a highly skilled migrant in the Netherlands you can leave your job and retain your residence permit for a maximum of three months while you find new employment.
While changing employers is possible, it’s critical to know the legal steps you, your current employer, and new employer must take regarding your residence permit.
Moreover, at All About Expats we frequently get questions from highly skilled migrants already switching or looking to switch employers regarding their 30% ruling.
Below we provide an overview of changing employers and what this means for your residence permit and 30% ruling.
Changing Employers: Informing IND
As a highly skilled migrant you are able to change employers but there are legal and critical obligations you need to fulfill prior starting your new job.
Below we highlight the main tasks and notifications the IND must receive in order for you and your new employer to have a smooth transition as you start your new role.
Change of Sponsor
A main task related to the IND is informing them of your new job. Your new employer needs to notify the IND that they are taking over your sponsorship. Accordingly, your current (old) employer must inform the IND that you will be leaving the company. This should be done within 4 weeks. The IND will then check of the requirements are still met.
Notably, if you (as a highly skilled migrant) decide to quit your job, your former employer has to inform IND you are resigning. You have a job search period of a maximum of three months from the date on which the employment contract ends to find a new employer who can act as a recognised sponsor without losing your residence permit.
If your residence permit is valid for less than 3 months, then the job search period is until the date that your permit is valid.
This three months timeframe also applies if you have been terminated.
If your employment contract has been terminated by your current employer, you can learn about your rights as a highly skilled migrant and what to do if your company terminates your contract in our article losing your job in the Netherlands.
Highly Skilled Migrant Residence Permit
Markedly, it’s important that your residence permit is valid. Normally, your highly skilled migrant residence permit remains valid for up to five years. To be precise, the permit is always linked to the duration of the employment contract, with a maximum of 5 years.
So, if you are changing employers you must check the date of expiration for your residence permit to know if you have 3 months or less to find a new employer who can act as a recognised sponsor.
Furthermore, if the expiration date is before you start your new job, your new employer must submit an extension application to the IND. Our advice is that your new employer extends your residence permit within 3 months in advance of the expire data of your residence permit, but at least before your current permit expires.
Ultimately, you want to avoid any gaps in your residence status which can prevent you from starting your new job and even staying in the Netherlands.
However, the IND has become more flexible relating to permit extension applications for highly skilled migrants.
Changing Employers With the 30 Percent Ruling
If you were granted the 30 percent ruling (or facility) at your former employer, you should still be eligible for the tax incentive at your new job.
Accordingly, you and your new employer must resubmit the application once again and note that you were granted the ruling at your previous employer. The ruling should get transferred over.
Once approved, you can benefit from the 30 percent ruling for the remaining time allotted. Please note, the ruling can only be used for five years.
As an example, if you were at your previous employer for 18 months, you can still benefit from the ruling for a total of 42 months (three years and six months).
However, if you were terminated or resigned and had been granted the 30 percent facility, the period between your former employment and new employment may not exceed three months. If longer, you are no longer able to qualify for the ruling.
Employers Without Sponsorship
Traditionally, to be a highly skilled migrant in the Netherlands, your employer must be a sponsor recognised by the IND to be able to get your residence permit.
Typically, if you are seeking to change employers your first step should be to check whether the company is a recognised sponsor of the IND. This is critical to legally remain in the Netherlands.
Without proper sponsorship, your highly skilled migrant permit will be revoked and you will be unable to work and stay in the Netherlands. Whether you have been terminated, resigned, or are changing employers, sponsorship remains the most critical and time-sensitive issue.
Thankfully, this is where firms like ours are able to fill a critical gap. Our team at All About Expats has experience in providing sponsorship services for companies and highly skilled migrants.
Outsourcing Employership and Sponsorship
All About Expats is a recognised sponsor of the IND. Currently, we are one of the top employers that are payrolling expats and highly skilled migrants in the Netherlands.
Our services allow companies and highly skilled migrants to work together regardless of sponsorship status.
Our employer of record (EOR) service allows companies that are not recognised IND sponsors to hire highly skilled migrants by outsourcing employership to us. This means, the highly skilled migrant or expat will be employed by us, in that way we will become their legal employer and sponsor.
Accordingly, as a highly skilled migrant or expat, you can find employment (whether with sponsorship or not) and then propose our services to your new employer.
You can learn more about this by visiting our IND Sponsorship page, or by contacting us directly via email or phone.
Highly Skilled Migrant Salary Requirements
When switching employers, some of the questions we get from expats and highly skilled migrants center around minimum salary amounts and standard pay brackets.
We have prepared an overview that will answer your questions regarding minimum salary requirements when changing employers.
If you are coming off your residence permit for an orientation year for highly educated persons and are being hired as a highly skilled migrant, your minimum salary falls under “reduced salary criterion”.
When changing employers and sponsors, your new employer must offer you a minimum salary of € 2,801 gross per month (as of 2024).
If you are starting your career as a highly skilled migrant in the Netherlands and are aged under 30, your employer is required to offer you a salary with a minimum of € 3,909 gross per month (as of 2024).
When changing sponsor (employer) the required amount salary criterion for highly skilled migrants under 30 years remains valid if you are still under 30 years old on the date on which the contract with the new employer commences. Otherwise the minimum required salary for highly skilled migrants aged 30 year or older applies.
If you are starting your career as a highly skilled migrant in the Netherlands and are aged 30 years or older, your employer is required to offer you a minimum salary of € 5,331 gross per month (as of 2024).
When changing sponsor (employer) as a highly skilled migrant you will fall under the 30 years or older minimum salary bracket if you are 30 years or older on the date on which the contract with the new employer commences. Please note, these minimum salary requirements can change annually depending on government rulings.
For 2024, the minimum salary for highly skilled migrants 30 years or older is € 5,331.
If you hold a European Blue Card and are working in the Netherlands for the first time the minimum monthly salary an employer must offer you is € 6,245 gross per month (as of 2024).
When changing employers you will still fall under the minimum salary bracket for EU Blue Card. Please note, these minimum salary requirements can change annually depending on government rulings.
For 2024, EU Blue Card holders must earn a minimum of € 6,245.
Highly Skilled Migrant: Additional Support
When your residence permit and sponsorship is tied to an employer, we understand the difficulty of deciding to leave or potentially switch employers.
However, it’s important to understand your rights and options, especially if you are unhappy or ready to take your career to the next level.
At All About expats, we also offer additional support such as consultations with our experts if you are a highly skilled migrant or expat and have employment and residence permit questions.
Moreover, follow us on LinkedIn for relevant updates and advice related to living, working, or studying in the Netherlands as an expat and highly skilled migrant.
