The Dutch immigration authorities (IND) have confirmed that the remaining revisions to the EU Blue Card will be converted into national regulations and included in the Aliens Decree and the Aliens Act Implementation Guidelines. The exact date on when this will happen is not yet known. The Netherlands new rules for the EU Blue Card are forthcoming, following the adoption of revised guidelines on October 20,2021, and the first phase of rule implementation in November 2023.
The following changes will apply:
- The salary criterion reduced to EUR 5331 gross per month. This makes the EU Blue Card more in line with the highly skilled migrant scheme.
- A lower salary criterion of EUR 4265 gross per month applies to recent graduates. Recently graduated means having obtained a higher education diploma no more than three years before the application.
- Higher professional qualifications are required for the EU Blue Card. It is now also possible to demonstrate higher professional skills with relevant work experience. Previously, the applicant could only demonstrate higher professional qualifications with a certificate of higher education.
- If the EU Blue Card holder has an EU Blue Card in the Netherlands for more than two years, it can be withdrawn after six months of unemployment. Previously this was after three months of unemployment.
- The validity of the EU Blue Card has been extended to a maximum of five years. The maximum used to be four years.
- There are a number of new grounds for withdrawal or refusal:
- The EU Blue Card can be withdrawn or refused if the employer’s legal obligations in the field of social security, tax, or employment rights and requirements do not comply. It is now also considered whether the employer adheres to, for example, the WAV, Waadi or WML (Dutch laws).
- The EU Blue Card can be withdrawn or not extended if the (recognized) sponsor has not reported a change of employer.
- The EU Blue Card application can be rejected if the company is or will be dissolved due to bankruptcy, or if the company is not economically active.
- The EU Blue Card application can be rejected if the employer has mainly established the company to make access to the Netherlands possible.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.