Frequently asked questions

A researcher that wants to apply for a residence permit highly skilled migrant, needs to have an employment contract (or appointment decision). A researcher based on the Directive (EU) 2016/801 only needs a hosting agreement.

Has your permanent residence document or long-term resident EU document expired? You are still allowed to work. However, you have to submit an application for renewal of your residence document. 

If you change your employer, both you and your employer must notify the IND according to regulations. In practice, your employer will deregister you but it is your responsibility to check the deregistration with your employer. Whether you have to apply for the new residence permit depends on the residence permit you currently hold. 

Only notify the change of employer

You or your employer only has to notify the change if you have one of the following residence permits:

• highly skilled migrants;
• European blue card;
• Intra-Company Transfer (ICT Directive);
• scientific researcher (Directive 2005/71/EG); or
• researcher/research worker permit (Directive (EU) 2016/801).

You do need to keep satisfying the conditions of your residence permit.

Notify and apply for new residence permit

Do you have a single permit (GVVA) for residence and work? You or your employer have to submit a new application. In such a case the IND again asks advice of the Netherlands Employees Insurance Agency (UWV) whether you fulfil the criteria of the Foreign Nationals Employment Act. Is the advice from the UWV is positive and is your residence permit still valid for a period of 3 months or longer? You will receive only a new additional document. Is your residence permit valid for less than 3 months? You will receive a new residence permit and a new additional document.

Notify and apply for a new work permit at UWV

Do you hold a residence permit for paid employment (only residence permit)? Your new employer has to apply for a new work permit (tewerkstellingsvergunning, TWV) from the Employment Insurance Agency (UWV). Have you worked for 5 years continuously? Then you are free to work in the Netherlands and you don't need a work permit (TWV) anymore. Always have your employer inform at UWV if a TWV is necessary.

You no longer meet the requirements of you residence permit

If you do not meet the requirement of your residence permit anymore, it will be revoked. See whether you meet the requirements of another residence permit for work and apply for that permit. 

Your residence permit for study after graduation will remain valid until 3 months after deregistration from your educational institution. Or until the start date of your orientation year. If you wish to stay in the Netherlands after your study you have to apply for a different residence permit. As a graduate you can make use of the orientation year for graduates. With your permit for the orientation year you have one year to find a job in the Netherlands, for example as a highly skilled migrant.

You can also apply for a start-up residence permit. This gives you one year to start an innovative company.

Do you have the possibility to do scientific research? Then, you can apply for a residence permit as a researcher highly skilled migrant or as a researcher under directive (EU) 2016/801.

If the product or service of the start-up permit is part of the existing company's core business, there is no need to register a new company.

Yes, that's possible. A non-EU or non-EEA citizen can apply for a start-up residence permit, even if the company in question has participated in an accelerator programme in the past. But this third person must still fulfil all requirements for the start-up permit. This includes having an agreement with a trustworthy and qualified facilitator.

No, the facilitator does not have the legal position of sponsor (referent). But the facilitator does have certain obligations. These are stated in the  agreement that the facilitator and the applicant of the residence permit for start-up sign.

Manager: 
An employee holding a senior position, who primarily directs the management of the concern (host entity), or a department or subdivision. The manager is receiving general supervision or guidance principally from the board of directors or shareholders of the business. Or equivalent persons. The position includes:

• Directing the host entity or a department or subdivision of the host entity.
• Supervising and controlling work of the other supervisory, professional or managerial employees. 
• Having the authority to recommend hiring or dismissing personnel. And authority in other matters of personnel policy. 

Specialist: 
A person possessing specialised knowledge essential to the host entity's areas of activity, techniques or management. This knowledge is assessed on two points: 

1. The specific knowledge the host entity is looking for.   
2. Whether the employee has a high level of qualification for the type of work or activity. This includes adequate professional experience and possible membership of an accredited profession. 

Trainee: 
A person with a university degree who is transferred to a host entity for careerd development purposes or in order to obtain training in business techniques or methodes. The trainee is paid during the transfer. 

A trainee is already at least 3 months employed with the group of undertakings. There is no minimum term for apprentices. A trainee also must have a Master's degree from university. This does not apply to an apprentice. 

A group of undertakings exist of two or more companies for which is recognised that according to national law they are linked. The companies are linked in one of the following ways:

• An undertaking holds a majority of the other undertaking's subscribed capital, directly or indirectly.
• An undertaking controls a majority of the votes attached to the other undertaking's issued share capital, directly or indirectly.
• An undertaking can appoint more than half of the members of that undertaking's administrative, management or supervisory body, directly or indirectly. 
• The undertakings operate under the central supervision of the parent company.

This definition is differs from the definition of a group of undertakings in the Foreign Nationals Employment Act.

In a network organisation the local partners are only linked through a set of agreements that each division needs to uphold. The local partners all own there own company.  Neither of the parties in a cooperation possesses a majority of another partner organisation. Therefore, they are not part of a group of undertakings.

If economic activities take place at a charity  or non-profit organisation that organisation falls within the scope of the ICT Directive. All other conditions will have to be met as well. 

The EU Court considers any activity that is to offer goods or services on a market as an economic activity.