The Office for Labour and Highly Skilled Migrants will withdraw theresidence permit of a highly skilled migrant if he is no longeremployed as a highly skilled migrant. But if a highly skilled migrantbecomes unemployed through no fault of his own, he is entitled to asearch period of 3 months to find a new job as a highly skilledmigrant. This can happen, for instance, after the liquidation orreorganization of a company.
How does it work?
1: The employer notifies the Office for Labour and HighlySkilled Migrants in writing that the employment has or will be ended,stating the reasons for the termination of the employment.
2: On the basis of this information the staff of the Officefor Labour and Highly Skilled Migrants decide whether the highlyskilled migrant qualifies for the search period. If this is the case,the search period will start on the date on which the employmentagreement has ended. The highly skilled migrant does not receive anynotification about this from the IND (Immigration and NaturalisationService).
3: If the foreign national manages to find a new job as ahighly skilled migrant within 3 months, the (new) employer will notifythe Office for Labour and Highly Skilled Migrants about this inwriting, also including the relevant evidence. However, if the foreignnational fails to find a job as a highly skilled migrant within 3months, his residence permit will be withdrawn after all.
If the residence permit expires within the search period of 3months, the highly skilled migrant must extend his residence permit.When handling the application, the IND takes the (remaining) searchperiod into account. Please note: the usual application processing timeof 2 weeks does not apply to this application. The highly skilledmigrant may, of course, also file an application to change the purposeof residence. In that case, he must comply with the conditions for thenew purpose of residence. |
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