Salary Criteria for Highly Skilled Migrants: Rules and Exceptions

To be eligible for a residence permit with the purpose of stay as 'Highly Skilled Migrant' you must be employed by a recognized sponsor in the Netherlands on the basis of a work contract and fulfill specific age, salary and experience requirements. Only an employer recognised by the IND can apply for a residence permit for you.

3 categories of salary criteria are used within the highly skilled migrant scheme. For 2023, the salary criteria (gross per month) are the following:

• Reduced salary criterion: € 2,631.00
• Highly skilled migrants younger than 30 years: € 3,672.00
• Highly skilled migrants 30 years and older: € 5,008.00

Reduced salary criterion

When applying for a residence permit for a highly skilled migrant, you may be entitled to the reduced salary criterion. This criterion applies in these 3 cases:

• The residence permit for a highly skilled migrant is applied for during, or immediately after the residence permit for an orientation year for highly educated persons (zoekjaar).

• The highly skilled migrant no longer has a residence permit for an orientation year for highly educated persons, but did have this permit. The residence permit for a highly skilled migrant is applied for within 3 years of the graduation date or date of the doctoral defence ceremony. Or it is applied for within 3 years of the date on which the residence permit for research expired.
• The highly skilled migrant has never had a residence permit for an orientation year for highly educated persons, but does meet the requirements for that residence purpose. For example because the highly skilled migrant has graduated, obtained a doctoral degree or has done research. The application for the residence permit for a highly skilled migrant must be submitted within 3 years of the graduation date or date of the doctoral defence ceremony. Or it must be submitted within 3 years of the date on which the residence permit for research expired.

It is the duty of the recognised sponsor to assess for themselves whether someone is entitled to the reduced salary criterion.

Highly skilled migrants younger than 30 years

A lower salary criterion applies to highly skilled migrants under the age of 30 than to highly skilled migrants aged 30 and above. If the highly skilled migrant turns 30 during his employment, the salary criterion for highly skilled migrants younger than 30 shall continue to apply.

The salary criterion for highly skilled migrants under 30 years of age will only apply if there is no residence gap and the highly skilled migrant continues to work for the same employer.

Highly skilled migrants 30 years and older

For highly skilled migrants aged 30 years and older, the basic rules for the salary criterion apply. The salary criterion is determined on the date that the highly skilled migrant starts working, and is re-indexed when the residence permit is extended.

Exceptions to salary criteria 

Highly skilled migrants who make use of maternity, parental, adoption and foster care leave or additional maternity leave cannot always meet the salary criterion as a result. This also applies to short‐ or long‐term care leave. These types of leave are included in the Dutch law for work and care (Wet Arbeid en Zorg or WAZO). For these types of leave, the highly skilled migrant may temporarily be allowed to come below the salary criterion. This is also the case when the highly skilled migrant comes below the salary criterion due to use of the right to strike. The right to strike is also laid down by law.

Does the highly skilled migrant come below the salary criterion as a result of one of the above‐mentioned types of leave? Or because of participation in a strike? This will have no consequences for the residence permit if the conditions below are met:

• The highly skilled migrant and/or employer notifies the IND of the statutory paid or unpaid leave. Or of the use of the right to strike. And what consequences this has for the highly skilled worker's income; and
• The employer notifies this via the Business Portal or by using the notification form for employment‐related residence purposes (recognised sponsor); and
• The IND must have received this notification within 4 weeks of the start of the leave or the strike.

For leave according to the Dutch law for work and care (Wet Arbeid en zorg or WAZO) these additional conditions apply:

• The highly skilled migrant is entitled to statutory leave under WAZO and meets the conditions for this leave; and
• The highly skilled migrant and/or the employer must be able to demonstrate that the highly skilled migrant is entitled to statutory paid or unpaid leave. In the event of care leave, the highly skilled migrant and/or employer must be able to demonstrate that care leave is actually necessary.

The leave or the strike must be well documented and included in the employer's records so that this can be shown during an inspection by the IND.