• 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

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.