Business Newsletter

The summer is coming. We try to meet the target deadlines. Many applications are also submitted during this period. But due to holiday leave, there are fewer decision-making staff present.

Because of that, you may have to wait longer for a decision than you are used to from us. This applies to the months of July, August and September. We ask for your understanding.

On 20 October 2021, a revised guideline was adopted for the European Blue Card. Part of the rules from the revised directive have been applied since 18 November 2023. This was also stated in the newsletter of 20 December 2023. The (other) revisions will be converted into national regulations soon. They will then be included in the Aliens Decree and the Aliens Act Implementation Guidelines. The exact date on which this will happen is not yet known. From that moment on, the following changes also apply:

• The salary criterion has been reduced to € 5,331 gross per month. This makes the EBC more in line with the highly skilled migrant scheme.
• From now on a lower salary criterion of € 4,265 gross per month applies to recent graduates. Recently graduated means: having obtained a higher education diploma no more than 3 years before the application.
• Higher professional qualifications are required for the EBC. It is now also possible to demonstrate higher professional skills with relevant work experience. Previously, the applicant could only demonstrate higher professional qualifications with a certificate of higher education.
• If the EBC holder has an EBC in the Netherlands for more than 2 years, it can be withdrawn after 6 months of unemployment. Previously this was after 3 months of unemployment.
• The validity of the EBC has been extended to a maximum of 5 years. The maximum used to be 4 years.
• There are a number of new grounds for withdrawal or refusal:
  • The EBC can be withdrawn or refused if the employer's legal obligations in the field of social security, tax or employment rights and requirements do not comply. It is now also considered whether the employer adheres to, for example, the WAV, Waadi or WML (Dutch laws).
  •  The EBC can be withdrawn or not extended if the (recognised) sponsor has not reported a change of employer. Unless this cannot be blamed.
  • The EBC application can be rejected if the company is or will be dissolved due to bankruptcy. Or if the company is not economically active.
  • The EBC application can be rejected if the employer has mainly established the company to make access to the Netherlands possible.

When the Aliens Decree and the Aliens Act Implementation Guidelines are amended we will list the new rules on our page Residence permit European Blue Card as well. 

The newsletter of 21 May 2024 stated that on 16 April 2024, the requirements for a residence permit for transfer within a company were amended (residence permit Intra-Corporate Transferee (Directive 2014/66/EU)). After this message, the IND received questions from recognised referees about what exactly has changed. We will explain this further in this newsletter.
Before 16 April 2024, the employee always had to stay outside the EU for 6 months after a residence permit for transfer within a company. Only then could the employee submit a new application for the same purpose of stay. It did not matter how long the employee had previously stayed in the Netherlands with this residence permit.

This requirement was relaxed after 16 April 2024. Before submitting a new application, the employee only has to stay outside the EU for 6 months if the maximum duration of the earlier residence permit for transfer within a company has been reached. The maximum duration is:

• 3 years for a manager or specialist
• 1 year for a trainee

Earlier stay in another EU country also counts in the calculation of the maximum duration.

In the Business Newsletter of 12 June 2023, we mentioned when the IND will not withdraw the residence permit if the salary of the highly skilled migrant temporarily falls below the required criterion. Does the salary of the highly skilled migrant fall below the required criterion due to other circumstances? This may then have consequences for your right of residence. For example, if the highly skilled migrant ever suffers from a long-term illness. 

The Immigration and Naturalisation Service (IND) switches to safe emailing via Zivver and will eventually stop using fax. Zivver encrypts the content of messages. As a result, only the sender and the recipient can read the information. This way we comply with the General Personal Data Regulation (in Dutch: AVG).

We are introducing email via Zivver step by step

At the moment you can only use Zivver to send files for residence requests from your employees via email. You cannot use Zivver if you want to email with Team Business Relationship Management. As soon as this is possible, we will let you know.

The digital IND portals will continue to exist

Think of the file mailbox, the Solicitor Portal, the Business Portal and My IND. We prefer that you share information via these portals. Is that not possible? Then you can safely send documents via Zivver.

Faxing remains possible for the time being

The IND will switch to Zivver step by step. This means that you can choose temporarily whether you want to email via Zivver or want to fax. Fax probably disappears completely at the end of 2024.

Using Zivver is easy

You do not have to create an account. On our contact page you will find a link to the Zivver-Webapp. In the web app you follow a few simple steps to be able to email securely. Do you get an email from the IND yourself? And does it include privacy-sensitive information, such as personal data? Then you open the email with Zivver. Our website states how to do that.

The Cooperating Service will be closed all day on Monday, 8 July. The waiting time on Tuesday, 9 July may therefore be longer.
On Tuesday, 16 July, the Cooperating Service will be closed between 9:00 and 13:00. Waiting times in the afternoon may be longer than usual. Therefore, preferably call the next day or later in the week. Thank you for your cooperation.