Immigration law developments

The IND has published a number of crucial immigration law developments. Hereunder,  I have summarized the most important for you.

Temporary assignment outside the Netherlands

Per July 1, 2015 a highly skilled migrant is allowed to stay outside the Netherlands for a maximum of 8 months!

Previously the allowed period for which your residence permit may stay valid was not clearly stated in Dutch immigration law.

New MVV exemptions

Per August 1 or September 1 new exemption regulations will come into effect for following categories;

  • Employees of a recognised sponsor that currently live in another Schengen country and that are in the possession of a valid residence permit. The exemption also applies to family members.
  • Applications for cross-border service provision.

Of course, in both situations the requirements for the permit that is being applied for will still apply.

Business visitor regulations

At the end of 2013 a lot of commotion was caused by the Dutch legislator as they intended to make legislation for business visitors more flexible, but instead they made it more rigid as they stated business meetings were allowed for a total of 13 consecutive weeks within a 52 week timeframe. Finally the ministry of foreign affairs and employment amended legislation and business visitors are allowed to conduct business meetings for 13 weeks within a 52 week timeframe.

This enables business visitors more flexibility in their travel plans.

Salary components

Please do take into account that all salary components may be used to calculate the salary of a highly skilled migrant, except for salary in kind and for holiday allowance and guaranteed bonuses. Each component must fulfil a few conditions, knowing:

  • paid out monthly
  • agreed by contract
  • fully spendable

In addition to the above, the salary must be market conform.

Do you have questions about this or other immigration related questions? Please feel free to contact me.

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