04. Information about UTILISING the “orientation year” residence permit of the Netherlands and more (September 2023)
MY ASSUMPTION: Students studied in the Netherlands and then work in the Netherlands.
(For the students who studied in another country and want
to look for a job in the Netherlands, please check https://ind.nl/en/residence-permits/work/residence-permit-for-orientation-year#requirements
for details.)
Summary:
The orientation year residence
permit is a temporary one.
After starting to work in the Netherlands with the orientation year residence permit,
a subsequent residence
permit should be applied for by the employer before the orientation year
residence permit expires (even though it does not have to be done immediately).
Nevertheless,
the employees
(“we”) should inform the (potential) employer about those administrative
procedures which the (potential) employer needs to do far before the employee
starts to work.
There are (mainly) 3 types of residence
permit in the Netherlands can be the options.
1.
Official information in English from
the IND about the subsequent administrative steps when the persons with an
orientation year residence permit start to work in the Netherlands.
“Apply for a different residence
permit”
https://ind.nl/en/residence-permits/work/residence-permit-for-orientation-year#the-residence-permit
2.
Official information in English
from Business.gov.nl about the subsequent administrative steps when the persons
with an orientation year residence permit start to work in the Netherlands.
“Changing the residence permit”
3.
If one found the 1st job in the Netherlands with his/her/their orientation year residence permit,
he/she/they should ask his/her/their employer to apply for 1 of the following 3
residence permit for him/her/them:
(1) a residence permit as a
highly skilled migrant
https://ind.nl/en/residence-permits/work/highly-skilled-migrant#requirements;
(2) a GVVA (also simply called
“single permit”)
(3) a European blue card
residence permit
https://ind.nl/en/residence-permits/work/european-blue-card-residence-permit#requirements.
Beside the 3 above, 1 more minor option can be seen in "6.(8)".
4.
According to the online chat between I and a member of staff on the IND,
he/she/they has confirmed that these
3 types of residence permit are the possible options.
5.
Firstly, a residence permit as a
highly skilled migrant.
https://ind.nl/en/residence-permits/work/highly-skilled-migrant#requirements
(1)
If one meets the requirements of being a “highly skilled migrant”,
a residence permit for him/her/them as a highly skilled migrant should be applied by the employer,
NOT the employee himself/herself/themself.
“Changing from a residence
permit for an orientation year to a residence permit as a highly skilled
migrant means a lower income requirement applies.”
(2)
As long as one’s salary is higher than a certain amount,
he/she/they has the right to be a highly skilled
migrant.
According to the “type of highly skilled migrant with the right salary criterion (gross per month) for 2023”,
so long as one’s salary gross per month is not lower than € 2,631.00,
he/she/they
has the right to become a highly skilled migrant.
(3)
In the end, the employer MUST apply for a residence permit for highly skilled migrant.
However, the employer
CAN (but does NOT HAVE TO) apply for it immediately.
https://ind.nl/en/documents/06-2022/faqorientationyearhighlyeducatedpersons.pdf
(Question 21)
(4)
All organisations who can apply for a “residence permit for highly skilled migrant” for the employee(s) MUST be the sponsors recognised by the IND.
A recognised employer is listed in the
public register of recognised sponsors.
https://ind.nl/en/residence-permits/work/highly-skilled-migrant
(5)
IND has 4 “Public Register[s]
Recognised Sponsors”:
1) Public Register Regular
Labour and Highly Skilled Migrants;
2) Public Register Au Pair and
Exchange;
3) Public Register Educational
Institutions;
4) Public Register Scientific
Researcher Directive (EU) 2016/801.
https://ind.nl/en/public-register-recognised-sponsors
(6)
In this case, only the first one
is relevant:
IND Public Register Regular
Labour and Highly Skilled Migrants
(7)
The 7 steps in total of
registering an organisation as a sponsor can be found on
https://ind.nl/en/residence-permits/work/apply-for-recognition-as-sponsor#process-and-costs
6.
Secondly, a GVVA (also simply
called “single permit”).
(1)
To apply for a GVVA (also simply called “single permit”),
the salary of the employee(s) MUST require certain
requirements.
(2)
To apply for a GVVA (also simply called “single permit”),
the “employer’s company or organisation is registered
in the Commercial Register (in Dutch: Handelsregister) of the Dutch Chamber of
Commerce (in Dutch: Kamer van Koophandel or KvK). This applies only if this
entry is required under the Commercial Register Act 2007 (in Dutch:
Handelsregisterwet 2007).”
(3)
To apply for a GVVA (also simply called “single permit”),
the “employer has first looked for an employee in the
Netherlands and the EU or EEA countries. For this purpose, your employer must
have registered the vacancy at an employer service point of the Employee
Insurance Agency (in Dutch: Uitvoeringsinstituut Werknemersverzekeringen or
UWV).”
(4)
To apply for a GVVA (also simply called “single permit”),
the “employer pays you a normal salary in the
collective labour agreement that applies to your organisation or company.”
(5)
To apply for a GVVA (also simply called “single permit”),
the “employer arranges right housing for you.”
(6)
Besides, there are:
“Extra requirements for
spiritual counsellors
Extra requirements for employees
working in the supply of goods by foreign companies
Extra requirements for employees
working in the supply of goods to foreign companies
Extra requirements for employees
of international non-profit organisations
Extra requirements for employees
in art and culture
Extra requirements for an
intra-company transferee”
(7)
As seen above, applying for a GVVA (also simply called “single permit”) has extremely strict requirements.
For we
as the non-EU/EEA/Switzerland graduates in the Netherlands during our orientation year, it
seems to be IMPOSSIBLE to meet all these requirements.
Personally, I do not recommend GVVA
(also simply called “single permit”) such an option.
(8)
A “residence permit for paid employment” (not a single permit) is similar to a GVVA (also simply called “single permit”) but still different.
The requirements for it are also
extremely strict. I do not focus on it.
https://ind.nl/en/residence-permits/work/single-permit-gvva#single-permit-
7.
Thirdly (and finally), a European
blue card residence permit.
https://ind.nl/en/residence-permits/work/european-blue-card-residence-permit#requirements
(1)
If one does NOT meet the requirements of being a “highly skilled migrant” or applying for a GVVA (also simply called “single permit”) – even “residence permit for paid employment” (not a single permit) – by his/her/their employee,
the option will be the “European
blue card residence permit”.
It is the last option.
(2)
So long as one’s salary is high enough to meet the income requirements and his/her/their job contract is valid for at least 12 months,
he/she/they has the right to ask the employer to apply
for a “European blue card residence permit” for him/her/them.
According to the “type of highly skilled migrant with the right salary criterion (gross per month) for 2023”,
so long as one’s salary gross per month is not lower than € 5,867.00,
he/she/they
has the right to ask the employer to apply for a “European blue card residence
permit” for him/her/them.
(3)
The differences between the residence
permit for highly skilled migrant and the “European blue card residence permit”
can been seen on https://allaboutexpats.nl/eu-blue-card/.
(4)
Applying for a European blue card has also many requirements.
One MUST meet all these requirements before starting
the application.
https://ind.nl/en/residence-permits/work/european-blue-card-residence-permit#requirements
(5)
Opposite to a residence permit for a highly-skilled migrant,
all organisations who can apply for a “European
blue card” for the employee CAN (but do NOT HAVE TO) be the sponsors
recognised by the IND.
(6)
Nevertheless,
being recognised by IND as a sponsor can accelerate the processes of the “European blue card” applications.
The employer has the right to decide whether they want to the organisation
to be recognised by IND as a sponsor or not.
(7)
In this case, the same as the
“residence permit for highly skilled migrant”, only the first one is relevant:
IND Public Register Regular
Labour and Highly Skilled Migrants
8.
I have explained all possible options as the subsequent residence permit after the orientation year residence permit.
Mainly the 3 options:
(1) a residence permit as a highly skilled migrant;
(2) a GVVA (also simply called “single permit”);
(3) a European blue card residence permit.
A minor option is “residence permit for paid employment” (not a single permit) but with very low probability.
9.
Before looking for any specific job,
please check whether the entity (the organisation or company that one
wants to work for) has been recognised by the IND as a sponsor or not.
If yes, one may take action and
try to look for a specific job there.
If no, please be prepared for
REJECTING some job opportunities from the entity.
10.
Now, it is time to utilise the orientation year residence permit to find a job in the Netherlands and then to bargain with the (potential) future employer.
11.
My assumption:
Unless the job seeker is extremely extraordinary,
if the entity has NOT being a sponsor and being listed in IND Public Register Regular Labour and Highly Skilled Migrants,
I do NOT
expect that the entity will deal with these administrative procedures for this
particular job seeker. (But If you are super, it is still probable, right?)
Now, let’s start to find a job
in the Netherlands!
Reminder:
In the end, one MUST
switch to another subsequent residence permit to stay and work in the
Netherlands after your orientation year.
As mentioned above, there are mainly 3 options in total (plus 1 minor option with low probability).
Applying for any of the 3 needs the collaboration of both the
employees (“us”) and the employers. It is impossible that the employees (“we”)
finish the applications by ourselves alone.
Therefore, if one wants to stay in the Netherlands longer (than just the orientation year),
he/she/they confirm
that his/her/their employer is willing to apply for 1 of the 3 subsequent
residence permit for him/her/them.
Particularly,
the residence permit for a highly skilled migrant requires the recognition as a sponsor,
while many companies and organisations are NOT in the “IND Public Register
Regular Labour and Highly Skilled Migrants”.
If one found a job in these companies or organisations,
unless the employer clearly promises that the employer will do everything (required by the IND) to apply for a subsequent residence permit (1 of those 3) for the employee,
the employee should directly REJECT such a job opportunity.
Otherwise,
he/she/they needs to leave the Netherlands when his/her/their orientation year residence permit expires.
P.S.:
I had an online chat with a member of staff, he/she/they confirmed that it is possible to submit multiple applications one-by-one.
For instance,
1 for the residence permit for a highly skilled migrant,
1 for the European blue card residence permit, and
1 for the GVVA.
“You should see what suits your
situation and whether you meet the requirements”, he/she/they added.
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This is my final post for the orientation residence permit. This blog will not be updated for a long time.
ReplyDeleteIf I have time, I will write another post abou the Dutch public health insurance system. But I know there is abundant information in English about it online now.
If I know which type of the subsequent residence permit will be applied for by my future emplyer (a residence permit as a highly skilled migrant, OR a GVVA (also simply called “single permit”), OR a European blue card residence permit), I might write another post for that.
From applying for it, to understanding it, and to utilising it: The orientation year residence permit is more than a tiny card in your hands.
DeleteGreat posts Haorui! Thank you for sharing!
ReplyDeleteThanks😉
Delete