IND
๐๐ก๐ ๐ผ๐ป ๐๐ต๐ฒ ๐น๐ผ๐ผ๐ธ๐ผ๐๐ ๐ณ๐ผ๐ฟ ๐ต๐ถ๐ด๐ต๐น๐ ๐๐ธ๐ถ๐น๐น๐ฒ๐ฑ ๐บ๐ถ๐ด๐ฟ๐ฎ๐ป๐๐ ๐๐ผ๐ฟ๐ธ๐ถ๐ป๐ด ๐ผ๐ป ๐ฎ ๐๐ฒ๐น๐ณ-๐ฒ๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฑ ๐ฏ๐ฎ๐๐ถ๐
When your organization has highly skilled migrants, you should inform yourself well because if the highly skilled migrant is seen as someone who is self-employed they need a different permit to stay in the Netherlands. Employees who are seen as self-employed need a residency for work on a self-employed basis and they wonโt meet the conditions for a residence permit as highly skilled migrant. You as employer will be responsible for the right execution of this assessment.
๐ช๐ต๐ฒ๐ป ๐ฎ๐ฟ๐ฒ ๐๐ผ๐ ๐๐ฒ๐น๐ณ-๐ฒ๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฑ?
The IND considers someone to be self-employed if they are a director (major) shareholder and
has an interest of 25% or more in the business; and
runs a business risk; and
can influence the amount of the salary of their self.
This is stated in paragraph B6/2.5 of the Aliens Act Implementation Guidelines. In this situation, a person must have a residence permit for self-employment.
๐๐ก๐ ๐๐ต๐ฒ๐ฐ๐ธ๐
Inspections by the IND show that there are self-employed persons who, through a recognized sponsor make improper use of the highly skilled migrant arrangement. These employees work through a hiring construction full-time for their own company and have an employment contract with a recognized sponsor, often these are payroll companies. The IND regards them as self-employed persons and not as highly skilled migrants. An employment contract with a recognized referent does not mean that the employee will meet the conditions for a residence permit as a highly skilled migrant. There must be an employee as referred to in the highly skilled migrant arrangement. The fact that the salary of such a self-employed person is paid by a recognized sponsor does not make this different. Even if the residence permit is granted for a knowledge migrant, the highly skilled migrant must continue to meet the conditions. Does his or her situation change, as a result of which the IND views this person as a self-employed person? If so, you must notify the IND in time according to the information obligation.
