Hi
I would like to ask if anyone has an experience with the HSM programme in the Netherlands. Here is the situation. I am a bulgarian citizen
1. Got a job with a multinational in the Nertherlands close to border with Belgium.
2. Employer applied for me to get the right to work in NL which was successfully approved so I started work.
3. I currently live in a small hotel apartment in the town where my employer is based in the Netherlands. I was initially registed at this address for my Sofi number and also in the town hall.
I want to move and live to Belgium (Antwerp) due to personal reasons and travel to work in the Netherlands.
4. The relocation agent who arranges my documents advised that I have to have a residence in the Netherlands or my right to work may be cancelled. I am an EU citizen so as far as I am aware I have the right to live where ever I want. I could not find anything online which says that having an HSM work permit obliges you to live in the Netherlands.
I am quite desperate to get better understanding of what exactly the rules are. I guess being a bulgarian puts me in a bit of a shady area because we are EU citizens ( so no restrictions on living within any country of EU) but still in some countries we don't have right to work. Any advice will be highly appreciated.
cyrillic said:
Hi
I want to move and live to Belgium (Antwerp) due to personal reasons and travel to work in the Netherlands.
4. The relocation agent who arranges my documents advised that I have to have a residence in the Netherlands or my right to work may be cancelled. I am an EU citizen so as far as I am aware I have the right to live where ever I want. I could not find anything online which says that having an HSM work permit obliges you to live in the Netherlands.
Highly Skilled Migrants don't have work permits. They have residence permits which are endorsed with the right to work as a highly skilled migrant. If you move to Belgium, you are no longer a Dutch resident and no longer qualify to hold a Dutch residence permit (category highly skilled migrant).
Christian Barth, Attorney
cyrillic said:
Hi
I would like to ask if anyone has an experience with the HSM programme in the Netherlands. Here is the situation. I am a bulgarian citizen
1. Got a job with a multinational in the Nertherlands close to border with Belgium.
2. Employer applied for me to get the right to work in NL which was successfully approved so I started work.
3. I currently live in a small hotel apartment in the town where my employer is based in the Netherlands. I was initially registed at this address for my Sofi number and also in the town hall.
I want to move and live to Belgium (Antwerp) due to personal reasons and travel to work in the Netherlands.
4. The relocation agent who arranges my documents advised that I have to have a residence in the Netherlands or my right to work may be cancelled. I am an EU citizen so as far as I am aware I have the right to live where ever I want. I could not find anything online which says that having an HSM work permit obliges you to live in the Netherlands.
I am quite desperate to get better understanding of what exactly the rules are. I guess being a bulgarian puts me in a bit of a shady area because we are EU citizens ( so no restrictions on living within any country of EU) but still in some countries we don't have right to work. Any advice will be highly appreciated.
Actually, I believe that you can move to Belgium and continue to work in the Netherlands, at least after you have worked in the Netherlands for 1 year. The relevant factor in your case is not that you are a highly paid migrant (sorry, I don't use the IND's official translation 'highly skilled migrant' for kennismigrant, I find it to be highly misleading ;-) ), but the fact that you are Bulgarian.
According to the EU accession treaties for Romania and Bulgaria, after you have been admitted to the labor market in a given member state of the EU (and the fact that you were granted a residence permit as a kennismigrant counts as admission to the labor market of the Netherlands) for 12 months, you are then free to work wherever you like in that member state. You only lose this right, according to the treaty, if you 'voluntarily leave the labour market of the present Member State in question'. Not, I would point out, when you cease to reside in that member state. So you can live in Belgium (as an EU citizen, including Romanians and Bulgarians, you have a right to live in Belgium if you can show that you have enough resources to support yourself-- and you can show that you have the resources to support yourself by showing your income from your job in the Netherlands) and at the same time, you continue to have the right to work in the Netherlands, because you have not left the labor market of the Netherlands.
Jeremy Bierbach, LLM
www.immigrate.nl
avocado said:
cyrillic said:
Hi
I would like to ask if anyone has an experience with the HSM programme in the Netherlands. Here is the situation. I am a bulgarian citizen
1. Got a job with a multinational in the Nertherlands close to border with Belgium.
2. Employer applied for me to get the right to work in NL which was successfully approved so I started work.
3. I currently live in a small hotel apartment in the town where my employer is based in the Netherlands. I was initially registed at this address for my Sofi number and also in the town hall.
I want to move and live to Belgium (Antwerp) due to personal reasons and travel to work in the Netherlands.
4. The relocation agent who arranges my documents advised that I have to have a residence in the Netherlands or my right to work may be cancelled. I am an EU citizen so as far as I am aware I have the right to live where ever I want. I could not find anything online which says that having an HSM work permit obliges you to live in the Netherlands.
I am quite desperate to get better understanding of what exactly the rules are. I guess being a bulgarian puts me in a bit of a shady area because we are EU citizens ( so no restrictions on living within any country of EU) but still in some countries we don't have right to work. Any advice will be highly appreciated.
Actually, I believe that you can move to Belgium and continue to work in the Netherlands, at least after you have worked in the Netherlands for 1 year. The relevant factor in your case is not that you are a highly paid migrant (sorry, I don't use the IND's official translation 'highly skilled migrant' for kennismigrant, I find it to be highly misleading ;-) ), but the fact that you are Bulgarian.
According to the EU accession treaties for Romania and Bulgaria, after you have been admitted to the labor market in a given member state of the EU (and the fact that you were granted a residence permit as a kennismigrant counts as admission to the labor market of the Netherlands) for 12 months, you are then free to work wherever you like in that member state. You only lose this right, according to the treaty, if you 'voluntarily leave the labour market of the present Member State in question'. Not, I would point out, when you cease to reside in that member state. So you can live in Belgium (as an EU citizen, including Romanians and Bulgarians, you have a right to live in Belgium if you can show that you have enough resources to support yourself-- and you can show that you have the resources to support yourself by showing your income from your job in the Netherlands) and at the same time, you continue to have the right to work in the Netherlands, because you have not left the labor market of the Netherlands.
Jeremy Bierbach, LLM
www.immigrate.nl
I agree with Jeremy that the OP can move to Belgium after one year of employment with a Dutch skilled migrant permit. But it seemed clear from the post that he wanted to move outside NL shortly after starting work here, not a year or two later.
Christian Barth, Attorney
avocado said:
The relevant factor in your case is not that you are a highly paid migrant (sorry, I don't use the IND's official translation 'highly skilled migrant' for kennismigrant, I find it to be highly misleading ;-) ), but the fact that you are Bulgarian.Jeremy Bierbach, LLM
www.immigrate.nl
Economists would agree that these migrants are 'highly paid' by (legitimate) employers because they are 'highly skilled'. Otherwise they don't pass the IND 'market conform salary test'.
Do you know any 'highly paid' migrants here that aren't 'highly skilled'? IND will revoke their permits if they aren't in fact 'highly skilled'. For example, waiters in Chinese restaurants here sometimes got skilled migrant permits but the 'market conform salary test' has put an end to that.
Christian Barth, Attorney
christianbarth said:
avocado said:
The relevant factor in your case is not that you are a highly paid migrant (sorry, I don't use the IND's official translation 'highly skilled migrant' for kennismigrant, I find it to be highly misleading ;-) ), but the fact that you are Bulgarian.Jeremy Bierbach, LLM
www.immigrate.nl
Economists would agree that these migrants are 'highly paid' by (legitimate) employers because they are 'highly skilled'. Otherwise they don't pass the IND 'market conform salary test'.
Do you know any 'highly paid' migrants here that aren't 'highly skilled'? IND will revoke their permits if they aren't in fact 'highly skilled'. For example, waiters in Chinese restaurants here sometimes got skilled migrant permits but the 'market conform salary test' has put an end to that.
I merely find that the translation 'highly skilled migrant' creates unreasonable expectations of freedom on the part of kennismigranten. I have had to explain to countless kennismigranten that they did not get their residence permit because of who they are or because of what their qualifications are (which then would lead them to them to believe that they have been deemed to be of value to the Dutch economy as individuals and that they are now free to do whatever they want), but because a Dutch employer has shown itself willing to shell out for their skills. In other words, it's a status that is still always dependent on a Dutch employer.
By the same token, I also never translate tewerkstellingvergunning as 'work permit', because that creates the impression on the part of migrants that there is something they can do to apply for a permit to allow them to work. Where actually, a TWV is (both by its literal translation, and in the way in which the law is enforced) an 'employment permit' that the employer has to apply for to be allowed to employ the migrant.
nycvisa said:
hi Jeremy, I have a bit of a related question that I hope you can help with. I am currently a Knolwedge Migrant, so I have the knowledge migrant visa in the NL, and have been employed on it for the past two years. Now I am looking to move to the UK with another employer, and was looking to find out whether I can simply transfer my highly skilled migrant visa to the UK. I know that this is a bit unrelated maybe to your specialty, but I did see you mentioning that once the right of work has been granted and executed for more than 12 months in a member state country, the employee is free to move around in the Union. Am i understanding this correctly to mean that I can move to the UK with the same highly skilled migrant visa? I would very much appreciate your response.
This might not be an appropriate thread for this question--but here goes.
NO. A kennismigrant residence permit is not transferable to any other EU country. Its validity is limited to the territory of the Netherlands. You are probably thinking of the so-called "Blue Card" program, which is a parallel kind of residence permit which has even more stringent requirements than the kennismigrant program (including proving educational level), and which does offer some limited mobility to other EU countries-- but even then, the countries you can go to with it exclude the UK, Ireland, and Denmark, as those three countries have special "opt-outs" on any EU laws that grant rights of mobility to non-EU citizens.
