Highly skilled migrants

Highly skilled migrants and intra-corporate deployments

Employers operating in an international labour market or who, due to specific expertise, are dependent on workers from abroad should generally have a work permit for these employees. Special schemes have been created for highly-skilled employees: the Highly Skilled Migrants Scheme (KM scheme) and the Intra-Corporate Transferee Scheme (ICT scheme).

Companies that obtain the status of ” approved referent ” can employ highly skilled migrants. The aforementioned status can be requested from the Immigration and Naturalisation Service (IND). After obtaining this status, highly skilled migrant permits are usually issued within two weeks.

A highly skilled migrant is a foreign national from outside the EU who, on the basis of his or her education or experience, is brought to the Netherlands to work for the approved referent. EU citizens do not need a work permit and therefore do not have to apply for a highly skilled migrant permit. Although a highly skilled migrant’s education and experience are concerned, in principle only the salary of the highly skilled migrant will be assessed. In case of doubt, the knowledge migrant’s diplomas or work experience will also be assessed against a salary comparison in the market. The salary standards are indexed every year.

Companies from outside the EU that have an entity in the Netherlands can make use of the Intra-Corporate Transferee scheme. This scheme was created for the intra-corporate deployment of managers, specialists and trainee employees. The ICT scheme is particularly attractive to multinationals that have an entity in another EU country in addition to a Dutch branch. This is because the foreign employee can be sent from one branch within the EU to another in a relatively simple manner.

Which arrangement you should use depends on a number of facts and circumstances and the chosen legal basis for the employment relationship. Therefore, it is not always possible to choose between the two schemes and it is obviously important that your company and the employee meet and continue to meet all the conditions. We will of course gladly advise you on both the employment law aspects of working with foreign employees and the specific rights and obligations that you as an employer will have to deal with.

Our experienced lawyers will gladly think along with you.

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