Important Updates
Important Updates
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
July 24, 2025 | China, AzerbaijanAzerbaijan/Mainland China: Reciprocal Visa Exemption in Effect
July 24, 2025 | United StatesThe PIE: More Declines Loom in “Seriously Concerning” US Visa Trends
July 24, 2025 | United Kingdom, IndiaUnited Kingdom/India: Free Trade Agreement and Social Security Agreement Forthcoming
July 24, 2025 | United StatesUnited States: Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
July 24, 2025 | China, AzerbaijanAzerbaijan/Mainland China: Reciprocal Visa Exemption in Effect
July 24, 2025 | United StatesThe PIE: More Declines Loom in “Seriously Concerning” US Visa Trends
July 24, 2025 | United Kingdom, IndiaUnited Kingdom/India: Free Trade Agreement and Social Security Agreement Forthcoming
July 24, 2025 | United StatesUnited States: Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

The Rights and Responsibilities of Highly Skilled Migrants Under Dutch Law

January 21, 2025

The Rights and Responsibilities of Highly Skilled Migrants Under Dutch Law

Country / Territory

  • NetherlandsNetherlands

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Tuğba Özyakup, Soraya Driessen, Claudia Ayuba

In today’s highly competitive global labour market, the Netherlands, despite its size, faces a strong demand to attract and retain highly skilled workers. The Dutch Ministry of Economy and Immigration Authorities have long recognised the need to secure top international talent to maintain the country's position as a leading knowledge-based economy.

In 2024 alone, more than 21,000 “Knowledge and Talent” applications were filed with the Dutch immigration authorities, a significant portion of which were Highly Skilled Migrant (HSM) applications.

The Highly Skilled Migrant scheme, introduced on 1 October 2004, has become one of the most popular immigration routes to the Netherlands, valued for its business-friendly and expedited process.

To participate in the HSM scheme, an employer must hold a “Recognised Sponsor” status with Dutch immigration authorities (IND). There is an exception for Turkish nationals who can apply for the HSM scheme even if the employer is non-recognised as long as they meet the other requirements.

Once granted, this status allows an employer to hire international talent on HSM permits, with expedited processing for other permit types. However, it comes with specific requirements, including obligations for both the employer and employee.

Once an employee receives their HSM residence and work status, they must comply with several conditions, including:

      • Remain registered with the Dutch municipality; Receive a set salary level monthly and deposited into their bank account;
      • Notifying the IND of any changes to their employment or personal status; and
      • Adhering to limits on how often and how long they can be outside the Netherlands.

Salary Requirements and IND Monitoring

A key component of a HSM application is the salary threshold. Both employers and employees must commit to a specific salary level to qualify for and maintain HSM status. This salary must be paid out monthly directly into the employee’s bank account. Any deviation from the salary threshold must be reported to the IND, as it may affect the holder’s residency and work rights. Since the implementation of the scheme, legislation has been amended to minimize the risk of misuse or circumvention. In 2011, amendments to the legislation were made to ensure better control of the salary thresholds. The IND now uses the government system “Suwinet” to verify that HSM permit holders meet the salary requirements.

Given the importance of salary compliance, the IND can revoke a residence permit if the salary falls below the threshold for any period. This can result in a residence gap, meaning the permit holder may lose the legal stay they’ve accumulated in the Netherlands, potentially affecting their eligibility for permanent residency or naturalisation in the future.

Common Challenges: (Un)Paid Leave and Sick Leave

One of the main challenges for employers is maintaining compliance with the salary threshold during periods of (un)paid leave or sick leave. Fragomen professionals regularly assist clients with questions about exceptions to the salary requirement and how to manage situations involving temporary absences, salary reductions or extended leave.

Exceptions to the Salary Threshold

There are specific circumstances under which a permit holder can temporarily fall below the salary threshold without jeopardising their residence status. According to the IND, statutory leave as defined by Dutch law (WAZO), including maternity, paternity, adoption, foster care and family care leave, does not affect the permit holder’s status, even if the leave is paid or unpaid.

However, unpaid leave established contractually, through collective employment agreements (CAO), or company policies—known as “special leave” or “bijzonder verlof”—does not qualify for this exception.

Additionally, if a highly skilled migrant permit holder exercises their right to strike (“stakingsrecht”), they are also permitted to temporarily fall below the salary threshold without affecting their residence permit.

To comply with these provisions, both the permit holder and the employer must:

      • Notify the IND using the appropriate form within four weeks (28 days) of the leave or strike;
      • Provide proof of entitlement for statutory leave under WAZO, or show the necessity for care leave; and
      • Maintain clear and accurate records of all (un)paid leave and strikes.

Employers should document all (un)paid leave and strikes accurately in their records and maintain transparency with the IND.

Sick Leave

Sick leave presents a unique challenge. Under Dutch labour law, employers are required to pay at least 70% of an employee’s salary during sick leave for up to two years. However, there is no immigration law exception for sick leave. If an HSM permit holder’s salary drops below the threshold due to illness, their residence permit may be at risk.

This discrepancy creates a conflict between Dutch labour law and immigration law. Employers must navigate the requirement to pay 70% of the salary while ensuring compliance with immigration law’s salary threshold.

Fragomen professionals are monitoring for the IND to address this issue by incorporating sick leave into their policies on (un)paid leave to avoid unnecessary complications and legal disputes.

Need to Know More?

Are you an employer or a highly skilled migrant who has encountered a similar issue? Please contact the team at [email protected].

This blog was published on 21 January 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Country / Territory

  • NetherlandsNetherlands

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Tugba Ozyakup

Tuğba Özyakup

Senior Associate

Amsterdam, Netherlands

Email

[email protected]

T:+31 20 808 8248

Related offices

  • Amsterdam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.