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NETHERLANDS: Compliance rules for the Knowledge Migrant Scheme may be tightened in June

Compliance rules for the Knowledge Migrant Scheme may be tightened in June.

The Ministers of Immigration and Asylum and Social Affairs have proposed that the Knowledge Migrant Scheme (KMR) be tightened sometime in June 2011. The proposed measures, as stated in their letter sent April 11, 2011, to the Dutch parliament, include:

  • The salary of a knowledge migrant must be paid in the Netherlands by the Dutch branch office if the stay of the knowledge migrant in the Netherlands is longer than six months.
  • Market conformity of the salary will be assessed.
  • The salary must be paid every four weeks or every month.
  • The salary must be in conformity with the usual hours worked per week.
  • The employer must, upon request of the Immigration Service or Labor Inspection, document that the salary is being paid.
  • The Immigration Service will check via the computer network with the Labor Directorate whether the salary is actually being paid.
  • The gross annual salary for social security purposes will be used as a basis to assess whether the salary threshold is being met.
It remains to be seen whether all these measures will actually be put into effect in June. The market conformity of the salary of the knowledge migrant will need legislation, not just policy rules by the Ministers themselves, before it can enter into force.

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