Dutch Immigration Lawyers
When starting a business, you might consider getting a residence permit in your country of choice. Each European country has different procedures and requirements the applicant has to go through first in order to get a legitimate residence permit. Each country is different but getting a residence permit overall could be quite difficult if your country of residence is not in the European Union. In this factsheet some information will be given towards the different procedures in several countries.
Please note that this is just a general guideline on immigration rules and policies in European countries. Please feel free to contact INCO Business Group if you wish to receive more in-depth information.
Residency options in The Netherlands
The easiest way to apply for residency in the Netherlands would be to apply as employee in your own company, as key personnel. There are restrictions concerning owning shares, which need to be considered when structuring the company. You should have a Bachelor's Degree, and make €6.000 EUR per month in salary (based on the Employment Contract that INCO Business Group can prepare). Together with your diploma (which we might have to certify/legalize and check the validity in the Netherlands) .
Dutch Immigration law
Immigration law can be important for both corporates, as for individuals, and our Immigration lawyers have great experience in both situations.
When starting a business, you might consider getting a residence permit in your country of choice. Each European country has different procedures and requirements the applicant has to go through first in order to get a legitimate
residence permit. Each country is different but getting a residence permit overall could be quite difficult if your country of residence is not in the European Union. In our Business Dashboard, you find some information will be given towards the different procedures in several countries.
Please note that our website and brochures provide just a general guideline on immigration rules and policies in European countries. Please feel free to contact the INCO Business Group if you wish to receive more in-depth information.
Our team also consists of lawyers specialized in Family Law and Immigration Law that will provide you with a range of Immigration and Family Law matters in The Netherlands.
Immigration Law in The Netherlands allows several ways to obtain a residency in The Netherlands. Whether as an entrepreneur, as an employee, or an investor. In many cases, INCO can provide you a solution from A to Z, and we can even payroll your staff on INCO’s payroll because INCO is a recognized Sponsor by the Dutch Immigration Office. By working from our payroll, as a highly-skilled migrant (see more details below) you can receive your residency and work permit within a matter of weeks!
Obtaining a residency permit in The Netherlands
Our immigration advice will be the first step to determine which residency scheme suits your situation best!
Relocation of Staff; The ICT permit
The easiest way to apply for residency in the Netherlands would be to apply as an employee in your own company, as key personnel that will be relocated (this is called the ICT -permit). There are restrictions concerning owning shares (max 25% of the Group), which needs to be considered when structuring the company. You should have a proper background, and earn a reasonable salary for your ‘management/specialist’ position (which is expected to be 4600-6.000 EUR per month (based on the Employment Contract that INCO Business Group can prepare).
If you decide to apply for a residence permit via the ICT scheme then the following facts must be taken into consideration:
• You must not own the full shares of the company. However, it is allowed to apply for this work permit, even as ‘entrepreneur’
• You will need to be placed on the payroll of the foreign entity for at least 3 months before we can submit the application.
• You will need to have an employment contract with the foreign entity that is valid for at least three months before we can submit the application.
• While you will remain on the payroll of the foreign entity, you are not eligible for the Dutch 30% tax concession.
• Depending on the length of your employment contract, the ICT permit can be issued for a maximum of 3 years. After this period you must change the permit to another status, such as the Highly Skilled Migrant Status.
For the ICT permit application, our scope of work looks like this:
INCO will support the Customer to complete the ICT application forms and inform the Client to provide a list of required documents. INCO will file the application as authorised person of the Company and will communicate with the IND on the progress of the permits. Once the permit is approved, INCO will provide manuals and a memo on the formalities that the Client needs to consider to comply with the immigration requirements. The estimated time of the procedure is maxed 90 days unless any delays are created by the IND.
Highly Skilled Migrants
Highly Skilled Migrants can obtain a residency permit in The Netherlands quite easily if they meet the criteria. One of the most important criteria is to earn ea least 4616 EUR gross salary per month. Another important criterion is that the employee will be working for a recognized Sponsor. INCO Business Group is a recognized sponsor, so we can employ highly skilled employees, also on behalf of our clients.
Please check our separate Fact Sheet on Highly Skilled Migrants. The main difference between the ICT program and the HSM program (which are both targeted at the same audience) is that the HSM Work Permit requires a sponsorship status for
the employer. This status might be difficult to obtain for a new starting company in the Netherlands because it has to show its financially in good health.
From 1 April 2017, knowledge migrants may start their own business in addition to their job. They may actually perform work in this company. The condition is that the highly skilled migrant continues to meet the conditions of his residence permit as a highly-skilled migrant. Highly skilled migrants who want to start their own business do not have to apply for a new residence document. Although the current residence document for highly skilled migrants does not permit this work, there will be a transitional regime for the group that already has a highly skilled migrant's residence permit. This option also applies to students and academic researchers.
European Blue Card
If you decide to apply for an EU Blue Card then the following facts must be taken into consideration:
• You have completed a college/ University degree of which the program has a minimum duration of 3 years.
• Unless your diploma is from a Dutch educational institution, your diploma must undergo a diploma evaluation by the
IDW/Nuffic (Dutch Office of the Evaluation of Foreign Credentials).
• Next, you will need to have an employment contract with a Dutch entity. The employment agreement must be valid for
at least 1 year;
• You can not own a substantial shareholding in the company
• Your gross monthly salary needs to be a minimum of €5,066 excluding of 8 % statutory holiday allowance ( i.e. €5,471.28 inclusive of holiday allowance) which amounts to €65,655.36 per annum inclusive of holiday allowance). Since you are on
the Dutch payroll, you will be eligible for the Dutch 30% tax concession.
• Depending on the duration of your employment agreement, the EU Blue Card will be issued for a maximum of 4 years
and can then be renewed.
Self-employed Entrepreneurs visa
The Netherlands allows non-European entrepreneurs to relocate their company, or start a company in the Netherlands, if the company is likely to be successful (over 100,000 ER turnover) and will create added value for the
Netherlands (at least 2-3 jobs). Aside from that, it’s important that you are an experienced entrepreneur, or you have the right education to establish and operate the company. The preparation of a solid business plan is very important for this type of residency application.
We can provide immigration advice for entrepreneurs, and perform a pre-check to consider if an application of the entrepreneur's visa could have any potential for our customer.
In case you are interested in immigration as an investor, you will need to invest at least 1.2 million in a Dutch investment fund (which also provides very low-risk profiles). Although this program seems quite straightforward, it’s very important that we will be able to show the source of funds, of the investment that will be done. To prepare this application still requires quite some work of the attorney (30-50 hours, depending on the case).
In case you are planning to launch an innovative company in the Netherlands, and perform your activities from a Dutch location, you can apply for a startup visa. In a nutshell, the startup visa is a fast track-application of the Self-employed Entrepreneurs, which allows companies in a less mature phase, to establish in the Netherlands anyway.
In order to apply for a startup visa, you require to work together with a facilitator, that will ‘sponsor’ you to apply for the startup visa. INCO has relations with the best facilitators of the Netherlands. Please note that facilitators can each have their own preference for the type of companies they like to facilitate.
In most cases, the facilitator will assist with the immigration procedure itself, so an immigration lawyer will not be required. INCO can assist in general support where required concerning this matter. INCO has assisted numerous companies to apply for a Startup Visa, dealing with Facilitators as B. Amsterdam, and Cambridge Innovation Center. At the moment, INCO Business Group is in the process of becoming a Facilitator herself, since we opened our Business Center in Breda, from where we provide full entrepreneurial assistance and mentoring services for startups.
Procedure to obtain a residency permit or immigration advice in The Netherlands
Before we can start with the application of a residency permit in The Netherlands, our Dutch immigration lawyers can provide immigration advice, to determine the best strategy. (and the right residency permit scheme).
Our team will request you to provide information on the current turnover of your company, and your growth ambitions when you would enter the Dutch market, as well as your current budget.
In case you will apply for a startup/entrepreneurs visa, or you like to become a recognized sponsor, the first step is to prepare a business plan. Or, in fact, you might already have a draft business plan that INCO can have a look at. Based on a simple plan, we can already provide you with immigration advice (as part of our Legal Memo). This is valuable information for you because you don't want to spend money on a plan and application, while you might not be eligible anyway.
We can provide fixed fees in advance, and provide you with detailed timelines on how the procedure will look like.
Our experience is that it takes between 2 and 6 weeks to obtain a residency permit as an employee. As an entrepreneur, it can take several months. It really depends on the background of the company, and the legitimacy of the request (if there is no artificial scheme involved). A proper website, CV, and clear business case will be considered important.
Please contact us for more information about the possibilities, or check our Fact Sheets on the specific immigration solutions. We can schedule a consult in which we will discuss your specific situation, and provide a legal memo for you.
This service, charged at 750 EUR, includes a pre-check-in which we determine how likely it will be to get a positive result on your application, this way, you can determine yourself if you like to proceed with the application. If desired we can also involve an immigration lawyer to obtain a Legal opinion on your situation.
More information about Dutch Immigration Lawyer
In this guide we have tried to give a non-legal and simplified overview of Dutch Tax and Accounting applications in the Netherlands. There are many specific requirements and regulations that we have not covered and we encourage you to look at the many articles that we have published in our Business Toolkit.