Immigration updates for the Netherlands and United Arab Emirates
The Dutch immigration authorities (IND) have announced new minimum salary levels for Highly Skilled Migrants, Intra-corporate Transferees (EU ICT Directive 2014/66/EU) and Blue Card applicants. These new amounts, effective January 1, 2021, are applicable to new applications (and extension applications) for local hires, assignees and employer changes.
The new minimum gross monthly salary levels are as follows:
- Highly Skilled Migrants and Intra-corporate Transferees from 30 years of age: 4,752 Euros
- Highly Skilled Migrants and Intra-corporate Transferees aged under 30 years: 3,484 Euros
- Foreign nationals who have graduated from a Dutch higher educational institution, or from an international educational institution listed in the top 200 of one of the ranking lists, taking up employment within three years after graduation: 2,497 Euros
- Blue Card holders: 5,567 Euros
Note that amounts listed above do not include the mandatory 8% holiday allowance. Payments must be made monthly, directly into the bank account of the foreign national, and the responsibility lies with the employer to prove that such payments have been made and meet monthly requirements. Failure to comply with these rules may result in fines.
Benefits and allowances may only be included if they are specified in the employment contract, fixed/guaranteed, and paid monthly in money (not in kind) and in gross (not net). Furthermore, it should be noted that salaries must also meet the market salary rate for the specific position.
This summary was prepared using information obtained from the Ministry of Social Affairs and Employment (in Dutch).
The UAE Government has recently announced a transformative Resolution that allows foreign investors to own 100% of Foreign Direct Investment Projects. This implies that the requirement to have an Emirati as a major stakeholder in the company has been annulled.
Certain sectors of the UAE economy will also be excluded from the new law, including oil and gas, transport and telecoms.
Most of the amendments, which can be found on Galadari Law’s website, are already in effect. However, amendments related to foreign ownership, local agent and board of director appointments will come into effect six months from the date of publishing in the UAE’s Official Gazette. Companies will then have one year to comply with the amendments.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Laxmi Vikraman, Regional Immigration Manager (EMEA).
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