English speaking vacancies in Holland: The possibility to get a Dutch residence permit as a researcher from outside of the EU

Monday 9 July 2012

The possibility to get a Dutch residence permit as a researcher from outside of the EU

A scientific researcher is someone who has obtained a certificate of higher education which must give the holder access to a Master’s programme. In addition, the scientific researcher must have been selected by a research institution, to implement a project for which the certificate in question is required.

An employer will need to hire you and apply for a residence permit for you.

So a employer you have to fit the following conditions:

Conditions

Both you and the scientific researcher will be expected to comply with a number of conditions.
As a research institution, you must:

register with the IND as a research institution. See the following registration form: "Request for recognition in the context of the admission of scientific researchers in the sense of Directive 2005/71/EC"; and
have been admitted to the procedure for scientific researchers in the sense of Directive 2005/71/EC by the IND.

The scientific researcher must:

have a valid passport;
have medical insurance with coverage in the Netherlands;
be going to do a research project. This project must have been approved by the research institution;
have an appropriate qualification for the research to be done;
have entered into a guest agreement with you as a research institution;
have independent means of support; for example: stipends, grants, sponsorship, periodic payments, an appointment decision or a contract of employment. The relevant premiums and taxes must have been paid on the above;
have sustainable means of support. The means will be sustainable, provided they are available throughout the duration of the project;
not pose a danger to public order.

Admission to the procedure

1. In order to be able to make use of the procedure for scientific researchers in the sense of Directive 2005/71/EC, complete the registration form requesting the admission of scientific researchers. See the registration form, "Request for the admission of scientific researchers"
2. Return the completed and signed registration form to the IND office for labour and highly skilled migrants.
3. When the IND receives your registration form, you will be sent a confirmation of receipt. If the IND needs additional information, you will be sent a letter to this effect. If everything is in order, you will be notified of this and the relevant application form will be made available to you.

Documents

The application form indicates which documents must be submitted for your application.
Official documents from abroad must usually be legalised and then translated by a sworn translator.

For more information go to : http://english.ind.nl/residencewizard/verblijfwijzer_mijnsituatie.asp?proc=halen&procedure=Scientific%20researcher&procedurestapnaam=Residence%20permit&land=United+States&duur=1&lang=en

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Introduction of the ‘European Blue Card’

As from 19 June 2011 the Netherlands has a new purpose of stay: the European Blue Card. The European Blue Card is a separate purpose of stay in addition to the existing National Highly Skilled Migrant Programme. The EU Blue Card Council Directive is intended for highly skilled foreign nationals who do not have EU, EEA or Swiss nationality, and who wish to work in one of the member states of the EU. The Directive is also meant to make it easier to settle in another EU member state. A residence permit will always be required in that other member state, however. To obtain this residence permit the employee must comply with the conditions applicable in that member state.

The conditions for residence in the Netherlands as an EU Blue Card holder are stricter than those for residence as a Highly Skilled Migrant. The employee must have a contract for highly qualified employment for at least one year, earning at least EUR 60,000 gross (in 2011). The employee must have completed a course of higher education lasting at least three years. The employee must prove this by having his diploma assessed by Nuffic. For a regulated profession, a competent authority will take decisions about the admission to that profession.

Advantages
One of the advantages of the EU Blue Card is that it is easier for an EU Blue Card holder and his family members to settle in another EU member state at a later date. After eighteen months foreign nationals who have an EU Blue Card are exempted from the provisional residence permit (MVV) requirement, if they want to work in another EU member State. In this second member state the employee must submit an application for a residence permit as a holder of an EU Blue Card. Each member state may implement the directive in slightly different ways. If someone holds a Blue Card in the Netherlands, this does not mean that the requirements are also met in other member states.

Another advantage is that after having stayed lawfully with the EU Blue Card holder in the Netherlands for two years, the family members may apply for a residence permit for ‘continued residence’. For other purposes of stay this is only possible after having stayed lawfully in the Netherlands for three years. The family members must have resided legally and continuously within the territory of an EU member state for at least five years, however. An employee who has stayed legally in the Netherlands as an EU Blue Card holder for two years may apply for the status of ‘long-term resident as a non-EU member country national’. He must have resided legally and continuously within EU territory for five years and must comply with the other conditions for this purpose of stay.

Highly skilled migrants from outside of the EU

A highly skilled migrant is a migrant who comes to the Netherlands to be employed, and has a gross annual income of at least €47,565, or €34,881 if he/she is under thirty. This income requirement does not apply if the employee enters service for certain functions in an educational or research institution. For information on the specific functions to which this clause applies, you can inquire at the IND office for labour and highly skilled migrants. When a foreign national has been granted residence in the Netherlands as a highly skilled migrant, the employer of the highly skilled migrant is not required to be in possession of a work permit for that foreign national.

Professional soccer players, ministers of religion, teachers of religion and prostitutes are not eligible for a residency as highly skilled migrant.

Important!
The amounts stated above will be indexed every year as of 1 January.