Losing a job is rarely a positive experience. Particularly for non-EU nationals living and working in the European Union job loss is more difficult as it directly impacts their residential rights.

The general rule is that in the event of job loss or termination of employment, permit holders are required to depart from the Netherlands within four weeks. However, depending on the type of permit, the holder can be entitled for a search period. In this article, we’ll delve into the consequences of job loss for each specific permit type.

Job loss with a Highly Skilled Migrant Permit (HSM)

If your employee holds a Highly Skilled Migrant permit and you end the labour contract, the employee may be eligible for a job search period of up to three months. However, the residence permit’s end date defines the length of the search period. Unfortunately, the employee might not be entitled for a search period at all if the residence permit expires simultaneously with the employment contract, since a valid residence permit is required during the search period.

Job loss with a EU Blue Card

Similar to the HSM permit, the EU Blue Card allows for a job search period of up to three months. However, under the new European Blue Card Directive, this search period has been extended to six months if the employee has held the EU Blue Card for more than two years.

Losing a job for Intra-Corporate Transferees (ICT)

For holders of the ICT permit, the situation is less favourable. Since the ICT permit is tied specifically to the employer and position for which it was granted, the permit holders are not entitled to a search period after their employment ends.

Additional Considerations

• Start of Search Period: For Blue Card and HSM permit holders, the search period begins the day after employment ends. Failure to secure employment within this period may result in a withdrawal of the permit by the IND. Since the ICT holders do not have a search period, they must immediately switch to another permit if they would like to stay in the Netherlands.
• Informing the IND: as an employer you’ll have to inform the IND about the fact that you’ve dismissed your employee within 28 days after the last work day. Anywr Netherlands can do this on your behalf.

Conclusion

Navigating job loss as a non-EU national in the EU can be complex. Therefore, understanding the rules and options available under different permit types is crucial. Please feel free to reach out to info.nl@anywr-group.com if you would like to know more.