All About Expats

What are your obligations as an employer if you hire someone from outside the EU?

All About Expats Team ·
Nederlandse werkgever schudt hand met niet-EU kandidaat, toont paspoort en werkvergunning op kantoor met papierwerk.

If you hire someone from outside the EU under the highly skilled migrant scheme, your main responsibilities as an employer are to submit a correct IND residence permit application, meet the salary thresholds, and comply with your obligations as a recognised sponsor. In addition, you need to keep tight control of administration, notifications, and practical arrangements around arrival and residence.

The exact steps and obligations depend on the setup: whether you are a recognised sponsor yourself, or whether the employment and sponsorship are handled via an external party. Nationality also matters, for example for MVV requirements and entry to the Netherlands.

Below you’ll find the key questions employers have, with clear answers and practical points to consider.

Which permits and conditions apply when hiring someone from outside the EU?

For international professionals coming to the Netherlands as Highly Skilled Migrants, you as the employer apply to the IND for a residence permit under the highly skilled migrant scheme. You must meet conditions such as an appropriate employment contract, the correct salary in line with IND standards, and reliable record-keeping. In many cases, this is fastest when handled through a recognised sponsor.

Please note that “outside the EU” does not automatically mean you follow the same process. This explanation specifically covers the highly skilled migrant route. Other routes, such as a GVVA, have different requirements and procedures.

  • Employer or partner as recognised sponsor: the application is submitted via a recognised sponsor, depending on your setup.
  • Salary thresholds: you must apply the correct category and be able to prove the salary is paid.
  • Contract term and permit validity: the validity period aligns with the requested period and the contract duration.

For 2026, as of 1 January, three separate IND thresholds apply: highly skilled migrant ≥ 30 years: € 5,942, highly skilled migrant < 30 years: € 4,357, orientation year scheme: € 3,122. Which threshold applies depends on the employee’s situation.

What do you need to arrange before the start date (IND, contract, and onboarding)?

Before the start date, you arrange the IND application, correctly document the employment terms in the contract, and prepare the onboarding in practical terms. With Highly Skilled Migrants, the key is to avoid start dates slipping due to missing documents, unclear salary agreements, or misunderstandings about entry and arrival formalities.

  1. Contract and salary agreements: clearly document the role, hours, start date, salary, and fixed components, and verify you are using the correct IND salary threshold.
  2. Prepare the IND application: gather documents and check consistency between the contract, the application, and identity documents.
  3. Entry planning: whether someone can enter the Netherlands during the procedure depends on nationality. Nationalities that are not subject to the MVV requirement often follow a different route than those that are.
  4. Arrival and first week: schedule appointments to collect the residence document from the IND and to register with the municipality. Which step can be done first varies by municipality and situation.

Keep in mind that applications submitted by recognised sponsors are generally processed faster and are often completed within a few weeks, but always build in buffer time so onboarding and project planning are not put under pressure.

Which administrative obligations and notification duties do you have during employment?

During employment, as a recognised sponsor you have four obligations: the duty to notify, the duty to provide information, the duty to keep records, and the duty of care. You must report changes that are relevant to the right of residence in time, keep your file in order, and be able to demonstrate that you continue to meet the conditions of the highly skilled migrant scheme. This helps prevent issues during audits or renewals.

  • Duty to notify: report relevant changes, such as termination of employment, changes in working hours or salary, or other changes that affect the basis for residence.
  • Duty to provide information: provide requested information to the IND when asked.
  • Duty to keep records: retain documents showing that the employee and the employment relationship meet the conditions.
  • Duty of care: support the employee in a way that enables them to meet their obligations and ensures procedures are followed correctly.

Assign a single internal owner for these processes, such as HR or payroll, and use a fixed checklist for each type of change. This helps you act faster and more consistently when something changes.

What are your obligations regarding salary, employment conditions, and duty of care?

Your obligations around salary and employment conditions focus on correct payment in line with the contract and IND salary thresholds, compliance with Dutch employment law, and fulfilling your duty of care towards the highly skilled migrant. In practice, this means payslips, payments, and contractual agreements must be correct, and you help the employee arrange practical requirements promptly after arrival.

Specifically, it helps to standardise the following:

  • Salary payment and substantiation: pay the agreed salary in a demonstrable and consistent way, and avoid arrangements the IND may consider inappropriate.
  • Employment conditions: apply any collective labour agreement (CAO) or company policies correctly and record agreements transparently, including vacation days and any allowances.
  • Health insurance: anyone who lives or works in the Netherlands must generally take out Dutch health insurance within four months. Include this in onboarding.
  • Registrations and practical matters: support planning for municipal registration and collecting the residence document, without assuming there is one fixed order.

By organising this upfront, you reduce stress for the employee and lower the risk of errors that could later lead to questions from the IND.

What are the risks and fines if you are not compliant?

If you are not compliant when hiring and employing Highly Skilled Migrants, you risk IND measures, delays or refusal at renewal, and possible sanctions during inspections. Your reputation as an employer may also be damaged, making recruitment and retention more difficult. The biggest risks arise from an incorrect salary level, missing notifications, or incomplete records.

  • Immigration risk: the basis for the right of residence can come under pressure in cases of structural non-compliance.
  • Operational risks: project delays due to postponed start dates, renewals, or document issues.
  • Financial and legal risks: sanctions may follow in the event of violations, depending on the nature and severity and which supervisory authority is involved.

Therefore, work with internal checks: verify the salary threshold category, record changes immediately, and ensure HR, payroll, and hiring managers apply the same agreements.

How All About Expats helps with hiring employees from outside the EU

We help you onboard employees from outside the EU smoothly and compliantly under the highly skilled migrant scheme by aligning immigration, employment, and payroll. You get a single approach for the IND residence permit, the correct salary thresholds, and the obligations that come with recognised sponsorship, so you lose less time on coordination and rework.

  • IND process and file building: we guide the application and ensure the contract, salary agreements, and documentation are consistent.
  • Compliance during employment: we help set up processes for notifications, record-keeping, and duty of care, so changes don’t get left behind.
  • Practical landing in the Netherlands: we support planning around arrival, including municipal registration and collecting the residence document.

Want to discuss your situation or quickly check which setup fits? Get in touch via contact opnemen or view our approach to immigration for employers.

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