Admission Scheme for Highly Educated Persons effective as of 1 January 2009News report | 31-12-2008
In anticipation of the implementation of the new migration system, a new Admission Scheme for Highly Educated Persons will be introduced as of 1 January 2009. Pursuant to this scheme, highly-educated foreign nationals who have attained at least a Master's degree can obtain a residence permit with a maximum term of 1 year in the Netherlands in order to find a job as a highly-skilled migrant or to start an innovative company. This scheme can ensure that foreign exceptional talents (who currently do not yet come to the Netherlands, but who can create economical added value for the Netherlands) are more easily admitted to the Netherlands.
Which persons qualify for this scheme?
The foreign nationals who qualify for this scheme are those who are entering the country from abroad, and who have completed a course at a university listed in the top 150 of two internationally recognised rankings. This concerns top 150 universities in rankings as published in the Times Higher Education Supplement and by Jiao Tong Shanghai University in 2007.
In addition, foreign nationals who have completed a Master's degree at a recognised institution for higher education or who have received their Ph.D from a Dutch institution for higher education also qualify for this scheme. All the above-mentioned highly-educated persons will be able to make use of this scheme until three years after the date of their graduation.
The points system
In addition to the requirement regarding the attainment of a Master's degree at one of the above-mentioned educational institutions, the foreign national will also be assessed on the basis of a points system. This system will be used to assess the level of education, age and performance indicators for success in the Netherlands. The highly-educated person will qualify for a residence permit if he scores at least 35 out of 40 points. A Master's degree will allow the foreign national to attain 25 points and a Ph.D will allow him to attain 30 points. Another 5 points are awarded if the foreign national is between the ages of 21 and 40. Another additional 5 points are awarded if the highly-educated person has previously worked or studied in the Netherlands, speaks Dutch or English, or has obtained his diploma in a country that is party to the Bologna Declaration.
Highly-educated persons who wish to make use of this scheme will not be assessed as regards their means of existence. Making use of public funds during the 1 year term of the residence permit (the so-called orientation year) may have consequences for this residence right. If the highly-educated person wishes to bring his family members to the Netherlands as well, the regular requirements regarding family reunification (including sufficient means of existence) will apply.
Highly-skilled Migrant Scheme
The foreign national can look for a job as a highly-skilled migrant in the Netherlands during his residence on the basis of the Admission Scheme for Highly Educated Persons. In this case, the employer will have to have been admitted to the Highly-skilled Migrant Scheme with the IND. The lowered income requirement in order to be considered a highly-skilled migrant then also applies to the highly-educated person. As soon as the highly-educated person has found a job making him eligible for highly-skilled migrant status, i.e. within a term of at most 1 year, he can convert the one-year residence permit into a residence permit as a highly-skilled migrant. The highly-educated person may also start an innovative company in the Netherlands within the orientation year. If he has succeeded within one year, he may request conversion of the residence permit into a residence permit to work on a self-employed basis. The requirements set in this respect do have to be satisfied.
Work permit
Foreign nationals who are awarded a residence permit pursuant to the Admission Scheme for Highly Educated Migrants are permitted to work as an employee during this orientation year if their employer has obtained a Work permit. Their family members are also permitted to work as employees if the employer has obtained a Work permit. The labour market position of the family members will change when the highly-educated person achieves the status of highly-skilled migrant or that of self-employed person. They will be completely free to seek employment as they see fit. |
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