On June 11, 2024, the Dutch government introduced significant changes to the Aliens Decree 2000 to align with the EU Blue Card Directive 2021/1883. These changes are designed to make the EU Blue Card more attractive to highly skilled migrants. Here are the key amendments:

Lower salary thresholds

The salary threshold for obtaining an EU Blue Card in the Netherlands has been reduced. The new threshold is set at €5.331 gross per month excluding the mandatory 8% holiday allowance in the Netherlands, which aligns it with the salary level of a highly skilled migrant age 30 and above. This adjustment makes it easier for highly skilled workers to qualify for the Blue Card.

Staatsblad 2024, 150 – Salariscriterium

Benefits for recent graduates

Recent graduates are offered a more favourable salary threshold. They will now need to meet a lower salary requirement of € 4.265 gross per month, excluding the mandatory 8% holiday allowance in the Netherlands. This reduction aims to attract young talent freshly entering the workforce to the job market in the country.

Staatsblad 2024, 150 – Salarisnorm pas afgestudeerden

The basis for the new threshold

The new salary thresholds are based on the national average wage of €45,463 per annum. The Dutch government opted to use a factor of 1.28, while the EU Directive allows for a maximum factor of 1.6. This approach ensures that the thresholds remain competitive and attractive for skilled migrants.

Staatsblad 2024, 150 – Criteria verhoging

Legislative Amendments

The amendments to the Aliens Decree 2000 include several specific changes:

1. Definition Updates: References to the old directive (2009/50/EG) have been replaced with the new directive (2021/1883). This update is reflected in multiple articles, ensuring that the latest legal standards are applied.
   
2. Work Authorization: The decree now explicitly includes the provision for EU Blue Card holders to work as highly skilled migrants, ensuring clarity and uniformity in employment regulations.
   
3. Mobility Provisions: Blue Card holders who have resided in another EU member state for at least twelve months, or six months in another member state after initial residency, are granted a 30-day period to transition to the Netherlands. This facilitates greater mobility for skilled workers within the EU.
   
4. Family Reunification: Provisions for family members of Blue Card holders have been expanded. Spouses, registered partners, and minor children can now join the Blue Card holder under more flexible conditions, promoting family unity and support for the highly skilled migrant.
   
5. Residency Extensions and Work Transitions: Blue Card holders facing unemployment are provided with protections. Those who have been Blue Card holders for less than two years are allowed up to three months of unemployment, while those holding the card for more than two years are allowed six months. Additionally, provisions are made for temporary non-compliance due to illness, disability, or parental leave.
   
6. Anti-Fraud Measures: Stricter regulations have been introduced to prevent the misuse of the Blue Card system, including verification of documents and conditions under which the Blue Card can be revoked.

Comparison: EU Blue Card vs Highly Skilled Migrant Visa,
Benefits of Using a Recognized Sponsor Company

In contrast to the Highly Skilled Migrant Visa, obtaining an EU Blue Card in the Netherlands does not mandate the employer to be a recognized sponsor. However, there are differences in the application processing timelines based on whether the employer is a recognized sponsor.

Applications submitted by recognized sponsor companies require the IND to make a decision within 30 days, whereas applications from non-recognized sponsors have an official decision time of 90 days.

While the EU Blue Card appears to be an increasingly attractive option for hiring highly skilled employees from abroad, there are additional requirements for the application, outlined below:

• You must be engaged in highly qualified work in the Netherlands and possess a higher education diploma from a program lasting at least three years, relevant to your profession or sector. If you hold a foreign diploma, it must be evaluated by Nuffic to determine its equivalency in the Netherlands, a process that typically takes around 6 weeks.
  
• Alternatively, if you do not hold a higher education diploma but work as an IT manager or IT professional for example, you must demonstrate a minimum of three years of relevant work experience within the last seven years prior to the application.
  
• Your employment contract must be valid for at least six months.
  
• If your profession is regulated (e.g., doctor or lawyer), you must provide proof of authorization to practice in the Netherlands.
  
• Your employer should not have incurred fines under Section 2 of the Aliens Employment Act (Wet arbeid vreemdelingen, WAV) or for non-payment or insufficient payment of wage tax, employee insurance schemes, or national insurance contributions in the five years preceding the application.

Summary

Despite the EU Blue Card’s increasing attractiveness, the additional requirements involved may make the Highly Skilled Migrant Visa a preferable option for those seeking a faster application and hiring process. Curious about the 2024 requirements for the Highly Skilled Migrant Visa? Read here

While the reduced salary requirements allow better access, the application process remains challenging, with complex steps such as the accreditation of diplomas, significantly higher processing times, and stricter regulations. Whereas, the Highly Skilled Migrant Visa approach, works with lower salary requirements and can be perceived as an expedited process in comparison to that of the EU Blue Card.

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