11. The confusing income requirements of “residence permit for highly skilled migrant” as researchers (April 2024)

This post will elucidate the confusing income requirements of “residence permit for highly skilled migrant” but being a researcher in NL / a PhD candidate in NL / a guest lecturer in NL. 

There are still some details are vague or unclear on the Dutch government’s websites (including IND’s website).

 

1.

As elaborated in Posts 04 and 10, there are different income requirements for assorted residence permit.

In 2024, the income requirements of “residence permit for highly skilled migrant” can be found on:

https://ind.nl/en/required-amounts-income-requirements#application-to-work-as-a-highly-skilled-migrant-and-for-the-european-blue-card


2.

Nevertheless, there are exceptions / exemptions for such income requirements which lead to a lower gross salary amount.

https://business.gov.nl/coming-to-the-netherlands/permits-and-visa/residence-permit-for-highly-skilled-migrant/

“Income requirement exceptions”:

“The income requirement for highly skilled migrants does not apply if the applicant performs scientific research, is a guest lecturer, or is a physician in training to become a specialist. In that case, the income must at least meet the provisions listed in the Dutch Minimum Wage Act.”



https://www.government.nl/topics/immigration-to-the-netherlands/question-and-answer/hire-a-highly-skilled-migrant

“Exceptions to the income threshold”:

“The income threshold does not apply in cases in which the highly skilled migrant is:

going to work as a PhD researcher at a university or research institute;

a doctor training to become a specialist;

a guest lecturer.”

“Different rules apply to students from outside the EU who graduate from a Dutch institution of higher education. They have a year to find a job as a highly skilled migrant. An income threshold also applies to them.”


3.

There are 2 categories of exceptions for “residence permit for highly skilled migrant”:

“Extra requirements for researchers”, and

“Extra requirements for medical doctors in training”

In the following paragraphs, I will ONLY focus on “researchers” since I cannot be a medical doctor. I also assume that among non-EU/EEA/Swiss graduate in NL, becoming a researcher is more realistic than becoming a medical doctor.


https://ind.nl/en/residence-permits/work/highly-skilled-migrant

These extra requirements are:

“You have sufficient income if your gross monthly salary is at least equal to the minimum salary. Gross means without deduction of tax.”

“You have a decision to appoint you or employment contract with a research institution in the Netherlands. This document must contain the job title and job code as listed in the University Job Classification System (In Dutch: Universitair Functieordeningssysteem or UFO).”


Maybe, I will briefly explain “UFO” (job classification system, Dutch: Universitair Functie-ordeningssysteem) in another future post.


4.

Here, I introduce another pertinent type of residence permit in the Netherlands:

“residence permit researcher (Directive (EU) 2016/801)” (simply “residence permit researcher”, henceforth).

The requirements for such a residence permit can be found on:

https://ind.nl/en/residence-permits/work/residence-permit-researcher-directive-eu-2016801#requirements


5.

Not surprisingly, “residence permit researcher” also has its income requirements, which can be found on:

https://ind.nl/en/required-amounts-income-requirements#application-for-a-residence-permit-as-a-researcher-guest-lecturer-or-physician-in-training-to-be-a-specialist

“Application for a residence permit as a researcher, guest lecturer or physician in training to be a specialist”:

“This required amounts also apply for a residence permit highly skilled migrant.”

Thence, if one becomes (1) a researcher in NL, (2) a PhD candidate in NL, (3) a guest lecturer in NL, or (4) a physician in training to be a specialist in NL, even lower income requirements are applicable for “residence permit for highly skilled migrant”.


6.

The normal income requirements for “residence permit for highly skilled migrant” is adjusted once per year (1x/year):

“Type of highly skilled migrant with the right required amount (gross per month) for 2024”.

https://ind.nl/en/required-amounts-income-requirements#application-to-work-as-a-highly-skilled-migrant-and-for-the-european-blue-card


Whilst the exceptional income requirements for “residence permit for highly skilled migrant” BUT being a researcher / a PhD candidate / a guest lecturer is NOT adjusted on a yearly basis:

“Required amounts valid from 1 January 2024 up to and until 30 June 2024”.

https://ind.nl/en/required-amounts-income-requirements#application-for-a-residence-permit-as-a-researcher-guest-lecturer-or-physician-in-training-to-be-a-specialist

As of 11 April 2024, such income requirements for “from 1 July 2024 up to and until _ ____ ___” has NOT been published yet.

You can see the significant difference between them: One is 2024; the other is only from 1 January 2024 up to and until 30 June 2024”.



Conclusion:

If a non-EU/EEA/Swiss graduate in NL is becoming a researcher in NL / a PhD candidate in NL / a guest lecturer in NL, his/her/their employer (i.e., the corresponding university or research institute) can try to apply for BOTH “residence permit for highly skilled migrant” AND “residence permit researcher”.


Notes:

(1)

I might suggest that the university or the research institute tries the “residence permit for highly skilled migrant” first.

If it fails, the “residence permit researcher” should always be feasible.

I cannot judge which one is better or is of higher probability to succeed.

I do not have the expertise for it,

(2)

I repeatedly asked the similar question on the online chat of IND.

But the staff members of IND said that, in respect to their internal rules, they were not allowed to answer such case-by-case questions via their online chat.

(3)

Instead, they said that I need to call IND’s hotline by phone to assess such case-by-case questions.

Unfortunately, IND’s phone hotline is always busy, and I gave it up in the end.

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