Netherlands New Work Visa – Essential start-up personnel visa

Starting 1st June 2021, Netherlands introduced the Essential start-up personnel pilot work visa program through which innovative start-ups can hire foreign non-EU personnel with special expertise to move to the Netherlands.

The essential start-up personnel pilot work visa program runs for 4 years until 1st June 2024.

Through the Essential start-up personnel pilot work visa program, innovative start-ups can hire employees from outside the European Union  and apply for their Dutch work permit and residence permit.

The caveat is that the start up must adhere to the following requirements:

1. For the foreign non-EU employee to considered essential, they must play an active role in the scalable and innovative business activities of the start-up. This role must be described in the business plan. The essential employee may therefore not only be a shareholder or financier.
2. The foreign employee’s salary threshold is € 2497 gross per month excluding 8% holiday allowance applies. This salary threshold is in line with the lowest salary threshold of the highly skilled migrant scheme.
3. The start-up must be innovative. That means it must meet one of the following:
   • The product or service is new to the Netherlands.
   • The start-up uses new technology in production, distribution or marketing.
   • The start-up has a new way of working and organizing.
4. The start-up must have scalable business activities. By ‘scalable’ activities is meant: that the start-up can continue to deliver a product or service while the start-up meets all its financial obligations during the rapid growth phase.
5. Founders of the start-up must have an active role in the company. It is not enough that the founder is just a shareholder or investor.
6. A maximum of 5 foreign employees of the start-up can obtain a permit for essential start-up personnel.
7. A maximum of 15 employees may work at the start-up.
8. The ‘essential’ foreign employee for whom a permit is requested must acquire a minimum stake of at least 1% in the start-up. This can be given as stock options, depository receipts for shares or shares without voting rights