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NETHERLANDS – Minimum Salary Levels for Knowledge Migrant Programme for 2013 Announced

The Netherlands’ immigration authorities have announced the new minimum salary levels to take effect from 1 January 2013 for knowledge migrant workers (aka Highly Skilled Migrants) and Blue Card applicants.

The income requirement for the Knowledge Migrant Programme is reviewed annually by the Ministry of Social Affairs and Employment on the basis of the most recent index figure for Collective Labour Agreement wages, published by Netherlands Statistics.

Minimum Salary for 2012

The new minimum salary levels are as follows:

  • Knowledge Migrants aged over 30: €52010 EUR per annum (up from €51239)
  • Knowledge Migrants aged under 30: €38141 EUR per annum (up from €37575)
  • Persons who have graduated in the Netherlands and the Highly Educated Migrant Scheme: €27336 EUR per annum (up from €26931)
  • Blue Cards: €60952 EUR per annum (new category)

Affected Applications

The new salary criteria applies only where the application for the regular provisional residence permit (Machtiging Voorlopig Verblijf or MVV) has not been made prior to 1 January 2013. For applications made prior to this date, the 2012 salary criteria apply.

It is not necessary to adjust salaries of existing Knowledge Migrants in the Netherlands unless applying for a renewal of the residence permit. The new levels apply only where an application, either for a new residence permit or a renewal of an existing residence permit, is made.

Per Diems and Allowances

Per diems and allowances may only be included if they are guaranteed and stated in the employment contract.

Market Salary Rate

It should be noted that salaries must also meet the market salary rate for the specific position. If the Immigration and Naturalisation Service (the IND) consider the suggested salary to be less than sufficient, they can ask the UWV Werkbedrijf (the body that provides opinions on behalf of the Dutch Minister of Social Affairs and Employment (SZW) for an opinion. Additional justification for the salary level would likely be requested from the prospective employer. Applications which do not meet market conditions as adjudicated by the UWV Werkbedrijf will be rejected.

Exceptions

Employees who perform scientific research or who are doctors in training to become specialists are not required to satisfy the minimum salary requirement for Highly Skilled Migrants. Such employees have to satisfy the provisions of the Minimum Wage Act. These requirements can be found at the IND website.

Action Items

  • Note new minimum salary levels for 2013

This news alert was prepared using information provided by V&A Group

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.