As 1 June 2021 a pilot will start to make it easier for innovative start-ups to bring foreign personnel with special expertise to the Netherlands. The pilot will initially last four years. After the pilot period, employees may continue to work at the start-up for 1 year under the scheme.
Because innovative startups often need top talent. Many companies make use of the highly skilled migrant scheme to attract talent to the Netherlands. The problem is that innovative start-ups are often unable to use this scheme because they are not yet able to pay the relatively high salaries the highly skilled migrant scheme requires. Furthermore, it is often difficult and expensive to obtain the status of recognized sponsor as a startup. In order to enable start-ups to attract the necessary foreign talent, the new scheme allows a lower salary requirement, supplemented with shares of the company. This makes it easier for start-ups to attract foreign personnel, which are essential for the growth of the company.
The main conditions for the residence permit are:
- The employee will work as an employee at a start-up and innovative company.
- The company has a maximum of 15 employees.
- A maximum of 5 foreign employees of the start-up will receive a residence permit for essential start-up personnel.
- The employee will receive a salary of at least the reduced salary criterion for highly skilled migrants (in 2021 €2497.
- The employee receives an employee participation of at least 1% in the start-up company. This is given in the form of stock options, depositary receipts for shares or shares without voting rights.
In the context of the application, the IND asks the RVO for advice. The Netherlands Enterprise Agency (RVO) will assess the startup on innovative capacity, scalability, financial position, and structure. RVO will also advise on the role of the foreign employee and the proposed employee participation.
An additional advantage is that family members of the foreign staff member are free to enter the labor market. They are therefore allowed to work freely in the Netherlands without any prior permission or additional conditions.
What can Arslan|Lit Attorneys do for you?
To start with, our firm can assist your company with the application for the granting of this new residence permit. We have worked with RVO more often in other procedures. It has become apparent that RVO often looks very critically at, for example, the innovativeness of a company. The right way of presenting and providing the right information can be the difference between approval and rejection.
In addition, we can advise you on all employment law issues concerning the employment of foreign personnel.
If you have any questions, please do not hesitate to contact our office. Call us, 020 223 2466, or send us an email, firstname.lastname@example.org. We are happy to help! You can also reach us through our social media channels which you can find at the bottom of this page.