Highly Skilled Migrant Visa

Introduction to the Dutch Highly Skilled Migrant Visa

The Highly Skilled Migrant Visa (in Dutch: kennismigrant) stands as one of the most sought-after visa categories in the Netherlands. This specialized visa program enables international enterprises operating within Dutch borders to efficiently recruit and employ exceptional talents from non-EU nations through a streamlined application process. The primary criterion for visa eligibility centres on the applicant’s prospective gross salary in the Netherlands, as remuneration serves as a quantifiable indicator of the candidate’s potential contribution to the Dutch labour market. 

The program’s distinctive appeal stems from its comparatively straightforward requirements compared to other work visas. This article will provide you a brief overview of the application requirements and some specific information about highly skilled migrants in the Netherlands.

Application requirements of highly skilled migrant visa

The following are the major requirements of highly skilled migrants in the Netherlands:

Condition of the applicant

Statutory level of salary (gross, before tax)

Age of 30 or above

EUR 5.688,-

Under 30 years old

EUR 4.171,-

Special lower salary threshold*

EUR 2.989,-

*The highly skilled migrant visa is applied for during, or immediately after the residence permit for an orientation year (or the so-called ‘search year visa’) for highly educated persons; or

The highly skilled migrant no longer has a valid residence permit for the orientation year, but did have this permit before. The residence permit for a highly skilled migrant is applied for within 3 years of the graduation date, or the date of the doctoral defence ceremony, or the date on which the residence permit for research expired; or

The highly skilled migrant has never had an orientation year visa, but does meet the requirements for that residence purpose. For example, the highly skilled migrant has graduated, obtained a doctoral degree or has done research. The application for the highly skilled migrant visa must be submitted within 3 years of the graduation date or date of the doctoral defence ceremony, or the date on which the residence permit for research expired.

Validity of the highly skilled migrant visa

The highly skilled migrant residence permit shall be valid for the same period as the employment contract itself, up to a maximum of five years.

Application requirements of highly skilled migrant visa

Amice Advocaten can help you and/or your employer prepare and process the application for highly skilled migrant. Under standard circumstances, the application process is as follows:

Choose the proper labour or employment visa

Our lawyer team at Amice Advocaten conducts comprehensive preliminary assessments to determine the most suitable visa category for both employers and prospective employees. Each circumstance necessitates specific requirements and documentation. In cases where an organization has not yet obtained the recognized sponsor status (erkend referent), or when the position involves senior management roles with substantial remuneration packages, our firm may recommend pursuing the European Blue Card option. Likewise, for situations involving temporary international transfers for corporate training purposes, we may recommend the Intra-Corporate Transfer (ICT) visa pathway. Our assessment process includes a thorough evaluation of whether candidates require a Provisional Residence Permit or Entry Visa (Machtiging tot Voorlopig Verblijf, a.k.a. MVV) or qualify for direct application of the highly skilled migrant visa.

Submit the application and settle the application fee

Upon a thorough evaluation and verification of all required documentation, lawyers at Amice Advocaten proceeds with the submission of the highly skilled migrant visa application on behalf of the corporation and/or the prospective employee. Our firm shall maintain direct communication with the Dutch Immigration and Naturalisation Service (IND) regarding any developments pertaining to the application status. Upon approval, the employee may select the preferred IND office for the collection of the new residence permit.

Review of the application and decision making by the IND

The IND conducts a comprehensive review of the application to determine whether all conditions have been met. Under standard circumstances, the IND renders a decision within a period of 30 to 60 days, provided all requirements are satisfied.

In the event that the IND issues a negative decision regarding your application, you shall be notified by us promptly. Subsequently, we shall evaluate the viability of submitting an administrative review (bezwaar) on your behalf.

Completion of the application

Upon approval of the application, your residence permit will be available for collection at the IND counter within a period of two weeks. In the event that you have successfully obtained an entry visa (MVV) in your country of residence, you may proceed to collect your residence permit directly from the IND counter immediately upon your arrival in the Netherlands. Subsequently, it is requisite that you complete the registration procedures at the municipality of your (intended) Dutch residence. Amice Advocaten provides comprehensive assistance with all aforementioned administrative procedures.

Which documents do you need for the highly skilled migrant visa application?

In order to be able to assess whether you are eligible for the highly skilled migrant visa, certain documents are required: 

**Depending on your specific situation, we may ask you to provide additional documents.

FAQ about highly skilled migrant visa

For organizations that anticipate regular recruitment of highly skilled immigrants, we may recommend the corporate pursuing the recognized sponsorship status directly. The requisite conditions and procedural requirements for obtaining the recognized sponsor status shall be addressed in our subsequent publications. Alternatively, we may facilitate connections with third-party human resources organizations (payroll companies) that possess the recognized sponsor status. Through this arrangement, candidates may secure employment with the payroll company and subsequently receive assignments to the destined corporate.

For employees maintaining continuous employment with their employer, the reduced salary threshold remains applicable beyond the initial three-year period. Please note: Upon accepting employment with a new company after the three-year term, the applicable salary threshold shall be determined according to the candidate's age, whereupon the reduced threshold shall cease to apply. For detailed analysis of individual circumstances, we invite you to have a consultation with our lawyers at Amice Advocaten, where our professional staff shall examine and address your specific situation.

Current Dutch immigration legislation permits highly skilled migrants to pursue family reunification for spouses and minor children (under 18 years of age). The Netherlands maintains a notably progressive policy, that extends family reunification privileges to unmarried partners and same-sex couples, distinguishing it from other European Union member states. Moreover, accompanying spouses acquire unrestricted right to employment, which exempts them from salary and working hour requirements. Following five years of residence in the Netherlands, family members shall become eligible to pursue EU long-term residence status or naturalization. Our professional legal team at Amice Advocaten provides comprehensive assistance for all such applications.

Such transitions are indeed permissible. It is imperative, however, that the IND shall receive the highly skilled migrant visa application prior to the expiration of the student visa. Failure to meet this requirement may result in a residence gap, which nullifies all previously accumulated residence time in the Netherlands. This consideration holds particular significance for individuals intending to pursue long-term residence or naturalization after five years, as any residence gap necessitates the recommencement of the accumulated  period of residence.