So for the sake of people looking for this answer like me, could anyone let us know? I tried to find it in the IND website, but couldn't find anything. bbastos (May 3 2011, 01:59 PM) said: > original post
Hey all,
I searched in other topics, so I'll just use this one because the title is what my question is about.
As a general rule, I read here that Kennismigranten (if they wish) can change their status to "regular worker" after 3 years and be able to get any job in NL, and not only jobs for KM. Ok, that's clear. But does anyone know what we actually need to do? Forms, contacts, procedure, etc?
I think avocado might know, but he already requested to not be sent Private Messages.
bbastos (May 3 2011, 01:59 PM) said: > original post
I think avocado might know, but he already requested to not be sent Private Messages.
bbastos (May 3 2011, 01:59 PM) said: > original post
As a general rule, I read here that Kennismigranten (if they wish) can change their status to "regular worker" after 3 years and be able to get any job in NL, and not only jobs for KM. Ok, that's clear. But does anyone know what we actually need to do? Forms, contacts, procedure, etc?
christianbarth (May 4 2011, 07:25 PM) said: > original post
The current Dutch government has proposed that as of July 1, 2011, the period for kennismigrant or regular work permit holders becoming work permit free will be extended from three years to five years.
Christian Barth, Esq.
www.expatlaw.nl
ouloveit1 (May 5 2011, 10:05 AM) said: > original post
Whoaaa - thanks for the update.
So then if it's gonna be 5 years - you may as well apply for the Dutch/EU perm residence permit or a Dutch passport and be done with it.
ouloveit1 (May 5 2011, 10:05 AM) said: > original post
Whoaaa - thanks for the update.
So then if it's gonna be 5 years - you may as well apply for the Dutch/EU perm residence permit or a Dutch passport and be done with it.
christianbarth (May 4 2011, 07:25 PM) said: > original post
The current Dutch government has proposed that as of July 1, 2011, the period for kennismigrant or regular work permit holders becoming work permit free will be extended from three years to five years.
Christian Barth, Esq.
www.expatlaw.nl
christianbarth (May 4 2011, 08:25 PM) said: > original post
The current Dutch government has proposed that as of July 1, 2011, the period for kennismigrant or regular work permit holders becoming work permit free will be extended from three years to five years.
Christian Barth, Esq.
www.expatlaw.nl
avocado (May 5 2011, 10:25 AM) said: > original post
It won't happen that fast, if at all. In its letter to Parliament of April 11, the government announced that it was tightening the availability of employment permits (TWV) as of July 1; that it can do, since it's a simple unilateral policy change to make employers work harder to prove that they looked all over the EU for someone to fill a job before they can be issued an employment permit. In the same letter, the government did announce that it is its intention to lengthen the period for labor migrants to be free on the labor market from 3 to 5 years; but that would have to happen with a change to the law on the books (the Act on Migrant Labor), and the government has not yet even introduced a bill to amend the law. When it does, it is very much the question whether it would make it through both houses of Parliament, since it would have a number of other controversial measures, like pretty much abolishing employment permits altogether and only allowing highly-'skilled' [i.e., highly-paid] migrants; it is to be expected that the farming industry is going to rise up and revolt against that measure, since it is dependent on low-paid seasonal labor that it hires with employment permits.
And remember, forum participants: you have a voice in the process too. If you are a kennismigrant looking forward to getting your freedom on the labor market, contact a member of parliament to let them know that if kennismigranten are supposedly the golden children of labor migration in the Netherlands, the government needs to realize that it makes the Netherlands less attractive for them if they are tied to one employer for too long.
Hello all,
I'm a non-EU citizen and have had a KM permit for last 3.5 years. I have applied for the new RP to be free on the labour market in Oct 2011 (so about 3 months now since the application).
I have about 4 years of IT Consulting experience and a Masters degree.
I read this new RP allows me to take up any job on the Dutch market.
I understand it can take anywhere from 3 - 6 months for a decision to be made on this.
What happened meanwhile, is that I have lost my job. Last working day will be 31 Jan 2012. My employer will inform the IND on 01 Feb 2012 about this.
goes w/o saying, I have already started looking for a new job and am having interviews meanwhile. I hope the new RP falls through before 31 Jan 2012. Could this help me in any way?
So my questions are,
1. I am concerned about the situation and would like to know if not having a job will have a influence on the decision of the new RP to be free on the labour market.
2. So, from 01 Feb, I am officially unemployed and will have 3 months to find a job or else leave NL after that? correct??
3. Let's say if I were to find a job starting 01 March 2012, will this 1 month gap of being unemployed make a difference in me applying the RP for onbepaale tijd? since I will be living in Netherlands in this time. or would I have to fight it out using some immigration lawyers?
- if this is counted as a gap and my count of living in NL is reset to 0, I'm considering leaving NL altogether and move back to Germany and marry my gf (a german)? any tips / suggestions on the same?
4. I do have a rechtbijstandverzekering (legal insurance), is there any way, I can use it for the immigration lawyer or to my advantage in this situation?
any help is highly appreciated.
thanks!
avocado said:
bbastos (May 3 2011, 01:59 PM) said: > original post
I think avocado might know, but he already requested to not be sent Private Messages.
What I meant was: send me an email, don't use the Expatica messaging system ;-) Every time someone sends me a message, I can never find on the Expatica website where my Inbox was supposed to be, and it is easier for me to be able to keep track of incoming and outgoing messages in my email program than on a website.
As to what my email address is: it's not that hard to figure out. I do have to maintain my standards of only helping people who can help themselves at least a little bit, I'm overloaded enough as it is ;-)
karkhanissandeep said:
Hello all,I'm a non-EU citizen and have had a KM permit for last 3.5 years. I have applied for the new RP to be free on the labour market in Oct 2011 (so about 3 months now since the application).I have about 4 years of IT Consulting experience and a Masters degree.I read this new RP allows me to take up any job on the Dutch market.I understand it can take anywhere from 3 - 6 months for a decision to be made on this.What happened meanwhile, is that I have lost my job. Last working day will be 31 Jan 2012. My employer will inform the IND on 01 Feb 2012 about this.goes w/o saying, I have already started looking for a new job and am having interviews meanwhile. I hope the new RP falls through before 31 Jan 2012. Could this help me in any way?So my questions are,1. I am concerned about the situation and would like to know if not having a job will have a influence on the decision of the new RP to be free on the labour market.
It shouldn't-- er-- it shouldn't. The 'testing moment' for your application for a residence permit with the purpose 'arbeid in loondienst' is the moment the IND received your application. When your application finally lands on a decisionmaker's desk, that decisionmaker will go back in time to the moment your application was received to decide if your application can be granted as of that date.
2. So, from 01 Feb, I am officially unemployed and will have 3 months to find a job or else leave NL after that? correct??
Actually, when you have an 'arbeid in loondienst' residence permit with freedom on the labor market, you can be unemployed indefinitely without losing your right to stay: provided that
a) you had absolutely nothing to do with your termination (you didn't sign anything, you didn't p i s s off your employer enough to get fired, and it wasn't just a matter of your contract running out where you could have anticipated that you needed to find a new job); and
b) you have registered yourself with the UWV as a job-seeker (which you have to do to collect unemployment benefit anyways), and you comply with all of the requirements of that (like proving to them that you have been applying for new work).
3. Let's say if I were to find a job starting 01 March 2012, will this 1 month gap of being unemployed make a difference in me applying the RP for onbepaale tijd? since I will be living in Netherlands in this time. or would I have to fight it out using some immigration lawyers?
In theory, it shouldn't be a problem, but if the first-line decisionmaker at the IND fails to understand that, you might have to fight it.
4. I do have a rechtbijstandverzekering (legal insurance), is there any way, I can use it for the immigration lawyer or to my advantage in this situation?
You have to ask your insurer. In my experience, I have had clients who have been able to get their rechtsbijstandverzekering to pay for my services-- they just had to call the insurer first, make sure the insurer didn't have it's own lawyer that they wanted them to use, and then the insurer called me to negotiate a price.
Hello Trufflina,here's what I konw about KM and the arbeid brij visa...perhaps other expert users can correct me1. As of now, you have KM visa stamp with the application for being free on the labour market in process.2. Also, you have a job contract from a company which is not a KM job. So the most imp thing is, since your application is in process, you are stiil a KM and you can only work for a company who can have the permission from IND to hire KM's - which, as you state is not the case with the company who has hired you.3. If I'm not mistaken, by law, the IND is to give a decision within 6 months of an application. So this switch can take max upto 6 months.I have applied for the switch in Oct 2011 and still haven't heard, so I dont know for sure if IND would notice the deadline of feb.Suggestion,1. explain to your company this situation and see if you can delay you start date,2. Visit the IND stadsdeelkantoor closest to where you live. They offer personal, free advice for all visa related questions, it's reliable and you get the right answer as opposed to calling the expensive 0900-no and getting different answers each time (it has been my experience calling the 0900 no that they dont know things for sure, diff people give you diff answers for the same question)Good luck...keep us posted.
trufflina saidHi all, I have a similar problem.Let me explain you in short: 1.I moved to the NL in September 2005 as a master student. 2.In September 2006, I started my Ph.D and started working as a kennismigrant untill September 2011. That is 5 years. 3. After September 2011-untill now, I had a guest researcher application (unpaid) going on which I had the hospitatlity arrangement for 6 months.So, I had the kennismigrant stamp for 6 months starting from September 2011, and did not hear anything about that application. At end of December 2011, I found a new job in a company, but the job itself is not a kennismigrant job. 4.IND told me, I can switch from kennismigrant to free to labor market status (work permit not needed) as I was a KM for 5 years. 5.So, beginning of January, I handed in a new application with my new job contract and the starting date at my contract is mid-February. Now, I am worried and have some questions: -Do you know how long this switching from KM to free labor can take ? I live in the NL for more than 6 yrs now and I worked for 5 yrs. And my start date in my contract is mid-February. -Now in my passport, I have a stamp same as my kennismigrant status (andere arbeid niet bla bla.. :) ). So, does it mean that I can not start working at the company before the residence ID arrives? -If IND do not decide until mid-february, what am I going to do with my job? Can I just go there and work with this stamp? - Given that it says mid-February for my start date, is there a possibility that IND notices this and takes care of it quicker ? I look forward to you answers : I found a job, but I can not feel relaxed about it at all...I'm so stressed..:) Thanks !
Hello avocado,
thanks for your reply.
1. I have taken up contact with the rechtsbijstandverzekering lawyers www.arag.nl ;They asked me to send across my questions and they will let me know if they can help. They would like to use their own lawyers for the same however, I do not feel so convinced since dealing with immigration law doesnt seem to be their speciality. They do all other things, employment, travel insurance etc (see their website).
I would like to use your legal consultation services. I hope I can convince arag to negotatiate prices with you.
Any tips on the same would be appreciated.
2. with regards to termination of my employment. It was an indefinite contact and I had nothing to do with the contract termination. the work contract was terminated in mutual agreement with no party to blame. I already signed the contract.
I would like to know if I still have 3 months to find a job in NL starting 01 Feb or do I have 28 days?
Meanwhile, I do continue to finalize things on the new job front as I have few interviews lined up but since the year's just started the companies are taking their time to hire.
3. I was considering calling the IND to check up the status of my application for the new RP but I believe I would get the answer that my application "is in processing"
Any advice for the same?
looking forward to your reply.
thanks
avocado said:
karkhanissandeep said:
Hello all,I'm a non-EU citizen and have had a KM permit for last 3.5 years. I have applied for the new RP to be free on the labour market in Oct 2011 (so about 3 months now since the application).I have about 4 years of IT Consulting experience and a Masters degree.I read this new RP allows me to take up any job on the Dutch market.I understand it can take anywhere from 3 - 6 months for a decision to be made on this.What happened meanwhile, is that I have lost my job. Last working day will be 31 Jan 2012. My employer will inform the IND on 01 Feb 2012 about this.goes w/o saying, I have already started looking for a new job and am having interviews meanwhile. I hope the new RP falls through before 31 Jan 2012. Could this help me in any way?So my questions are,1. I am concerned about the situation and would like to know if not having a job will have a influence on the decision of the new RP to be free on the labour market.It shouldn't-- er-- it shouldn't. The 'testing moment' for your application for a residence permit with the purpose 'arbeid in loondienst' is the moment the IND received your application. When your application finally lands on a decisionmaker's desk, that decisionmaker will go back in time to the moment your application was received to decide if your application can be granted as of that date.
2. So, from 01 Feb, I am officially unemployed and will have 3 months to find a job or else leave NL after that? correct??Actually, when you have an 'arbeid in loondienst' residence permit with freedom on the labor market, you can be unemployed indefinitely without losing your right to stay: provided that
a) you had absolutely nothing to do with your termination (you didn't sign anything, you didn't p i s s off your employer enough to get fired, and it wasn't just a matter of your contract running out where you could have anticipated that you needed to find a new job); and
b) you have registered yourself with the UWV as a job-seeker (which you have to do to collect unemployment benefit anyways), and you comply with all of the requirements of that (like proving to them that you have been applying for new work).
3. Let's say if I were to find a job starting 01 March 2012, will this 1 month gap of being unemployed make a difference in me applying the RP for onbepaale tijd? since I will be living in Netherlands in this time. or would I have to fight it out using some immigration lawyers?In theory, it shouldn't be a problem, but if the first-line decisionmaker at the IND fails to understand that, you might have to fight it.
4. I do have a rechtbijstandverzekering (legal insurance), is there any way, I can use it for the immigration lawyer or to my advantage in this situation?You have to ask your insurer. In my experience, I have had clients who have been able to get their rechtsbijstandverzekering to pay for my services-- they just had to call the insurer first, make sure the insurer didn't have it's own lawyer that they wanted them to use, and then the insurer called me to negotiate a price.
