On the official website of the Dutch Migration Service (IND) on December 7, news bulletin for employers who are accredited to hire highly qualified professionals from outside the EU:
- a fine is introduced for failure to notify the IND about a change in the address at which documents with data on foreign citizens are stored;
- the individual choice budget (IKB-budget) does not count towards the determination of the monthly gross salary for a kennismigrant;
- The IND notes the increase in the number of applications from family members of kennis migrants who travel to the Netherlands for family reunification, and provides recommendations on how to process documents.
Penalty for not (timely) reporting a change in office address
Employers employing kennis migrants are required to keep records and promptly notify the IND of a change in the address at which these records are kept and relevant documents for foreign citizens hired are stored. If this address has changed, through a special form notify the IND within two weeks. Simply changing the address at the Chamber of Commerce and Industry (Kamer van Koophandel) will not be enough.
This year, the Migration Service issued many warnings to employers who did not notify it in time about the change in the address where documents are stored. Those employers who failed to notify the IND of the change of address on time, despite having received a warning for an earlier violation, received several fines.
Determination of the monthly gross salary of a kennismigrant and IKB-budget
Individual Choice Budget (IKB-budget) makes it possible to receive part of the monthly salary at a convenient time and in a convenient form. It also provides for the possibility of converting part of the salary into vacation and vice versa. The IKB-budget is defined for the sector in the collective bargaining agreement and includes 8% holiday pay, as well as remuneration in the form of "the thirteenth salary".
The Migration Service agreed with the Ministry of Social Affairs and Employment a rule according to which the individual choice budget will not be taken into account when determining the monthly salary of a kennismigrant. Most of this budget consists of vacation pay and the thirteenth salary. Vacation pay is not taken into account as a general rule. The thirteenth salary could be counted only if it was transferred monthly and established by the contract. However, the worker cannot be contractually obligated to pay monthly for the thirteenth month. The individual agreement cannot deviate (to the detriment) from the collective agreement, as this goes beyond the requirements, the entire IKB budget is not taken into account.
Rising number of applications for family reunification
The Migration Service has received more applications than expected from family members of highly skilled migrants traveling to the Netherlands for family reunification. As a result, waiting for feedback from the IND takes longer.
In order for the case to be considered more quickly, the migration service recommends:
- fill out the application form completely (all fields), as well as attach all the necessary documents (for example, a birth or marriage certificate);
- make sure that the documents are legalized, i.e. legalized in the Netherlands (guidelines for legalizing foreign documents can be found here).
