Criteria knowledge migrants and Blue Card schemes
Mandy Janzen-Westerburgen on 28 December 2020
Every year the salary criteria for, among others, knowledge migrants and those under the Blue Card schemes are indexed slightly (which in practice always amounts to a small increase). The criteria for 2021, according to the Communication of the Minister for Social Affairs and Employment of 19 November 2020, 2020-00127590, on the amended amounts as of 1 January 2021, are contained in a few laws, decisions and regulations:
- Knowledge migrant 30 years of age or older: €4,752.00 per month;
- Knowledge migrant under 30 years of age: €3,484. 00 per month;
- Knowledge migrant reduced criterion (graduated in the Netherlands less than three years ago on at least a bachelor’s degree level or graduate degree at the master’s or post-doctoral level or graduated from a top 200 university/faculty anywhere in the world, as reported in the Times Higher Education World University Rankings and the QS World University Rankings or the Academic Ranking of World Universities, or continuing after a permit for an orientation year (zoekjaarvergunning): €2,497.00 per month;
- EU Blue Card: €5,567.00 per month.
All these amounts are gross salary amounts (and therefore not a social insurance wage or the like) to which in principle all additional allowances may be added if they are recorded in writing, are not variable and are paid monthly. These amounts expressly exclude the statutory holiday allowance of 8%. In accordance with Article 1d (5) of the Implementing Decree of the Foreigners Employment Act among others, the salary must at least be ‘market conform’ and must be deposited by the employer over a period not exceeding one month into a bank account intended for book entry payment, in the name of the foreign national. The market inconsistency test is explicitly inapplicable to the EU Blue Card because it is not permitted under Directive 2009/50/EC; the stated regulation does, however, contain a qualification requirement which is not as such covered by the knowledge migrant scheme.
This does not affect existing residence permits; but changes in circumstances may have consequences. The IND says quite correctly on its website: The age-dependent salary criterion applies for as long as the highly skilled migrant continues working for one and the same employer, even after becoming 30 years old. Has the highly skilled migrant started working for another employer? Then the new employer should pay the salary criterion that applies for the age of the highly skilled migrant at that moment.The exception to this rule applies to a highly skilled migrant who falls under the reduced salary criterion. This low criterion also remains in effect when the highly skilled migrant subsequently changes employers. The reduced salary criterion is not age-dependent.
Do you have questions? Contact Mandy Janzen-Westerburgen or one of her colleagues!