Relocating highly qualified staff to the Netherlands just got a bit easier. The Netherlands has recently adopted the changes from the revised EU Blue Card Directive. With it, a range of new flexibilities and benefits for highly qualified third-country nationals seeking employment in the Netherlands.
The changes aim to streamline the application process and provide more flexibility for Blue Card-holders making the EU Blue Card a more attractive option for relocating highly qualified staf to the Netherlands.
The Blue Card: A lovely invite to receive from the EU
EU Blue Card - A brief history
The EU Blue Card Directive (2009), was designed to standardize entry and residence conditions for highly qualified non-EU nationals across member states, inviting them to relocate to the EU.
However, the directive was considered 'not so flexible' and 'not so inviting' due to the strict terms to be eligible for the resisdency permit. As such, a revision of the EU Blue Card Directive (EU Directive 2021/1883) was carried out. The Netherlands implemented the updated directive on June 12, 2024.
What has changed (the highlights)?
University Degree Requirement: A university degree is no longer mandatory for all applicants. Instead, relevant work experience can now fullfill this condition. Specifically, five years of relevant experience, or three years for certain IT professionals, can replace the need for a university degree. This greatly opens up the Blue-Card option to professionals world-wide who were 'company trained'.
Intra-EU Mobility: Holders of an EU Blue Card from another EU-member state perform short-term business activities in the Netherlands for up to 90 days within a 180-day period without needing a work permit. Examples of short-term business activities are attending meetings and participating in conferences. This also provides flexibility in cases that a foreign-Blue Card Holder wishes to relocate to the Netherlands. They can exercise employment while waiting for their new application to go through.
Reduced Salary Requirement: The minimum gross salary threshold has been reduced to € 5,331 per month (excluding holiday allowance), with a lower threshold of € 4,265 for recent graduates.
Maximum Duration:The maximum validity of the EU Blue Card has been extended to five years (which coincides with the requirement for a permanent residence).
Unemployment Period: Blue Card holders who become unemployed can now search for a new job for up to three months, extendable to six months if they have held the EU Blue Card for at least two years.
Residence Accrual: Time spent on an EU Blue Card in another member state can now be counted towards the residency requirement for a Dutch permanent residence permit. This period has been reduced from 18 to 12 months and can be as short as six months when moving from a second member state to the Netherlands.
Extended Leave: Former EU Blue Card holders with an EU Long Term Residence permit are allowed to stay outside the Netherlands and the EU for up to 24 months.
Almost as flexible as the new EU-Blue Card
So, why apply for an EU Blue Card
The EU Blue Card offers several advantages, including:
Recognized sponsor: The company in the Netherlands, sponsoring the Blue Card application does not have to qualify as a 'recognized sponsor' for Dutch immigration law.
Mobility within EU: After 18 months of legal residence in one member state, Blue Card holders and their families can move to another member state and apply for a Blue Card there, with their previous stay counting towards permanent residency.
Permanent Residency: Blue Card holders can combine periods of residence in different EU states to meet the five-year requirement for permanent residency, a benefit not available to holders of the Dutch Highly Skilled Migrant permit.
Leave Flexibility: Absences from the EU territory of up to 12 consecutive months (not exceeding 18 months in total) do not interrupt the five-year residency period required for permanent residency. After acquiring EU long-term resident status, individuals can be absent for up to 24 months.
I want to hire a non-EU employee: what's next?
While these changes provide more rights and flexibility for employees, making the EU Blue Card a more attractive option, the national Highly Skilled Migrant scheme can be more fitting due to its lower salary threshold and lack of degree or experience requirements (if you are a recognized sponsor).
We are happy to think with you on the most fitting way of getting your employees into the Netherlands and all the tax and social security implications arising from the process.
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