Relocating Highly Skilled Migrants: Immigration and Legal Documentation

Dealing with the complexities of immigration and legal documentation is vital for any company looking to hire highly skilled migrants. Visas, passports, and tax details are just some of the many aspects that need attention before, during, and after the relocation process.

To help companies and talent manage these challenges, we outline the key responsibilities of migrants and the support services companies must provide when relocating highly skilled migrants.

Migrant’s Responsibilities

Visa and Permit Applications

Start the visa and work permit application process as soon as a job offer is extended. Ensure the migrant gathers necessary documents such as:

• Educational qualifications
• Job offer letters
• Proof of identity

Passport Validity

Verify that the migrant’s passport is valid for at least one year beyond the planned relocation date to avoid any issues with immigration authorities. Assist in the renewal process if needed.

30% Ruling Application

The 30% ruling is a significant tax benefit for knowledge migrants in the Netherlands, allowing them to receive up to 30% of their gross salary tax-free. Ensure that migrants are aware of this benefit and help them apply for it before arriving in the Netherlands.

For Previous Employees in the Netherlands

If the migrant previously qualified for the 30% facility and moved away, they can still benefit if:

• Their last work period in the Netherlands started within the past 5 years.
• When they started their previous job, they lived more than 150 kilometers from the Dutch border for at least 16 of the 24 months prior.
• They had a valid decision for the 30% facility during their last employment or can prove they met the conditions at that time.

Company Responsibilities

Companies hiring highly skilled migrants in the Netherlands have several responsibilities to ensure a smooth transition for their employees.

Here are some key aspects:

Recognized Sponsorship

First, companies need to be registered as recognized sponsors with the IND (Immigration and Naturalization Service). This status helps streamline the visa process but can be revoked if the company does not apply for a Highly Skilled Migrant permit within three consecutive years.

As recognized sponsors, companies must maintain extensive records for each knowledge migrant for up to five years after the end of their employment.

These records should include:

• Employment contract
• Copy of the residence permit (both sides) and/or work permit
• Copy of the passport (personal details page only)
• Payslips or salary specifications
• Curriculum vitae and application-related documents
• Proof of registration in the BIG register (if applicable)
• Declaration of good conduct, completed and signed by the knowledge migrant
• Proof that the knowledge migrant has been informed about their rights and obligations

Compliance

Companies need to be compliant and deliver all the legal documentation on time because the IND checks it constantly. If the company is not compliant in this matter, its recognized sponsorship status can be revoked, affecting the highly skilled migrant’s state of residence.

Hire International Talent with Confidence

Understanding the legal and documentation aspects of hiring highly skilled migrants is vitally important for HR teams in the Netherlands. By dividing the responsibilities between the talent and the company, both parties can ensure a smooth transition and successful relocation.

If you need additional help in making global mobility seamless, our expert team is here to guide you through every step, from visa applications to settling families into their new homes.