The highly skilled migrant permit: what Turkish business owners need to know

One of the first questions Turkish investors ask after forming a company in the Netherlands is which permit allows them, or their key staff, to live and work here. The term that comes up most often is the kennismigrant, or highly skilled migrant, permit. The route is popular because it is fast and predictable, but it is not available in every situation.

This article explains how the highly skilled migrant route works, what recognised sponsor (erkend referent) status means, why a newly founded BV usually cannot sponsor right away, and which alternative routes are open to Turkish nationals. The aim is to help you choose the right route before anything is filed with the IND.

What is the highly skilled migrant route?

The highly skilled migrant permit is a combined residence and work permit that allows a Dutch employer to employ a foreign specialist. It is issued by the IND (Immigratie- en Naturalisatiedienst, the Dutch immigration service). Its defining feature is that eligibility rests on a salary criterion rather than on a diploma or a profession: if the employee’s gross salary meets the threshold set by the IND, the employee counts as highly skilled.

The thresholds vary by age and situation and are set yearly by the IND, so we do not quote figures here; the amount valid on the application date applies. The salary must be paid regularly into a bank account and be in line with market conditions for the role.

Recognised sponsor status, and why a new BV usually has to wait

The application is filed by the employer, not the employee. To do so, the employer must hold recognised sponsor (erkend referent) status with the IND. The status means the company takes on duties towards the IND: providing information, keeping records and exercising due care when selecting staff.

Recognised sponsor status is obtained through a separate, paid application. The IND looks at the company’s KVK registration, financial position, continuity and the reliability of its directors, and takes time to decide.

This is where most new companies get stuck. A newly founded BV has no financial history, no annual accounts and no regular income yet. The IND then examines the business plan, the source of funding and existing contracts, and may ask an independent assessment body for an opinion. The application can be refused or delayed by document requests. In practice this means:

• You cannot apply for a highly skilled migrant permit on the day the company is formed; sponsor status comes first.
• The sponsor application needs a business plan, a budget and proof of funding.
• The path from formation to permit can take months and belongs in the plan from the start.
• Some investors use a different route for the first period.

Discussing this during formation and structuring avoids losing time later.

Alternative routes for Turkish nationals

Turkish nationals have other options too.

The self-employed (zelfstandige) route: a residence permit for people who run their own business in the Netherlands. The IND assesses whether the business plan serves a Dutch interest. For Turkish nationals this assessment differs from the points system applied to most other non-EU nationals, because of the standstill clause described below.

The EU–Türkiye Association Agreement: the 1963 Ankara Agreement and its Additional Protocol contain standstill clauses under which Turkish nationals benefit from specific protections in the areas of self-employment and services in EU member states. In Dutch practice this can mean that some applications are assessed under more favourable conditions. The IND still examines every file individually; the agreement creates no automatic right, and the outcome cannot be predicted.

Which route fits depends on the company’s structure, the person’s role (DGA or employee) and their personal history. If you will draw a salary as DGA, the permit conditions and the DGA salary need to be planned together.

Documents, timeline, the 30% ruling and Exonn’s role

A typical highly skilled migrant file contains a valid passport, the employment contract, a salary statement, the sponsor’s IND registration number and any further documents the IND requests, such as a diploma. Turkish nationals are generally exempt from the entry visa (MVV) requirement under the Association Agreement, but the residence permit application is still filed with the IND. The IND is bound by statutory decision periods; applications by recognised sponsors are usually decided faster.

The tax facility known as the 30% ruling can allow part of the salary of some employees recruited from abroad to be paid free of tax. It is not automatic: conditions on distance, salary and previous residence apply, and a separate application is filed with the Belastingdienst (the Dutch tax administration). Whether it applies in your case requires a tailored assessment.

Exonn handles immigration together with formation and tax planning. Within our immigration and permits service we assess which route is realistic, prepare the sponsor and permit files, handle correspondence with the IND and track the process against a timeline. The decision always rests with the IND; our job is a complete and consistent file.

Conclusion

The highly skilled migrant route is fast and well defined, but for a newly founded BV the recognised sponsor step adds time. For Turkish nationals, the self-employed route and an Association Agreement assessment are alternatives worth considering. To find out which path is realistic for you, book a free 15-minute intro call via our contact page.