🇳🇱 Work & skilled workers

The proposed Article 108a creates a new criminal offence tied to active obstruction of an existing return or removal process. It does not simply state that every foreign national without lawful residence commits a crime. The draft requires several conditions to be met. First, the person must be an adult foreign national without lawful residence in the Netherlands. Second, the person's applicable departure period must have ended. Third, they must evade or obstruct the preparation of their departure or removal procedure. Finally, that behaviour must mean that an existing return or removal decision cannot be carried out. The government's own explanation gives concrete examples of the type of behaviour it wants to address. A person might provide no information or false information about their identity, or fail to cooperate with the application for a replacement travel document when such a document is necessary for their return. The proposal therefore focuses on behaviour that actively prevents return, rather than the fact of unlawful residence by itself. This is also why the government repeatedly describes criminal law as the last step after other return efforts have failed. The maximum proposed punishment is six months in prison or a second-category fine. Because the maximum amount for that category is €5,500 in 2026, the proposal would allow either form of punishment, subject to the decision of the criminal justice authorities and court process. An important part of the proposal's legal context is EU law. The Dutch government's parliamentary explanations have repeatedly stated that criminal sanctions involving imprisonment must be applied consistently with the EU Return Directive and the case law interpreting it. The government has said that imprisonment can only be used at the end of the return process against people who are able to cooperate with departure but deliberately refuse to do so and thereby effectively frustrate return.

The Immigration and Naturalisation Service (IND) will reorganise the processing of outstanding asylum applications. New asylum applications will be prioritised from 12 June 2026, coinciding with the European Asylum and Migration Pact's entry into force. The IND aims to provide a first decision for as many outstanding applications as possible within three years. For all outstanding applications, the IND will divide them into categories, estimate success likelihood based on country policy, and simplify processing where possible. From 1 October 2026, the IND will begin processing specific groups of applicants using a new method, where comparable applications will be prepared and processed together, with teams focusing on specific nationalities to enhance efficiency.

The current procedure for asylum applications in the Netherlands involves several steps: reporting at an application centre (AC Ter Apel or AC Schiphol), undergoing 'screening' for identity, safety, health, and vulnerability, and then a 'Reception and Preparation for Asylum Application' (OVA) phase lasting a maximum of three days. During OVA, personal details, nationality, documents, biometrics, family information, travel history, and the main reason for asylum are collected. This is followed by legal counselling, determination of the applicable asylum procedure (border, Asylum and Migration Management Regulation, admissibility, accelerated, or standard), and then the asylum procedure itself, which includes a personal interview and a decision within six months (extendable by up to six months). Successful applicants receive an asylum residence permit (Type III) valid for three years, stating the reason for protection (refugee, subsidiary protection, or family member status), and are free to work without a work permit.

The EU temporary protection regime for people displaced from Ukraine has been extended until 4 March 2028. The extension will take effect from 5 March 2027. In addition, from 5 August 2026, a new condition applies to new applications. People who are subject to military obligations under Ukrainian law must, in principle, demonstrate that they: have fulfilled their military obligations; or are legally exempt from those obligations. Evidence may include documentation issued by Ukrainian authorities. The precise evidence and procedure may vary according to the Member State implementing the rules. The new condition does not apply to people who already held temporary protection in the EU before the new rules took effect. It also does not apply to eligible people joining family members who already have temporary protection under the Directive.

As of 12 June 2026, the European Pact on Migration and Asylum introduces several new rules: - Stricter controls are to be implemented at the external borders of the European Union (EU). - Asylum procedures will be accelerated. - Restrictions will be applied to asylum seekers who attempt to travel onward to other EU countries to seek asylum there. - The legislation and regulations within the pact have direct effect and obligate national immigration services, such as the Immigration and Naturalisation Service (IND), to align their processes with these new European requirements. - The IND will be responsible for the domestic screening and registration of asylum seekers, specifically in Ter Apel, through a process known as Reception and Preparation for Asylum Applications (OVA).

Effective 1 January 2026, the gross monthly salary criteria for highly skilled migrants and European Blue Card holders are: * Highly skilled migrant aged 30 and over: €5942 * Highly skilled migrant younger than 30 years old: €4357 * Reduced salary criterion for highly skilled migrants: €3122 * European Blue Card: €5942 * Reduced salary criterion for European Blue Card: €4754

From 1 January 2027: Maximum tax-free allowance: 27% This applies to employees whose use of the ruling began from 2024 onward, subject to the transitional rules. Employees who were already using the ruling before 1 January 2024 retain more favourable transitional treatment and can continue to receive the 30% allowance for the remainder of their ruling period.

Current rules for this policy, plus every recorded change.

Current rules for this policy, plus every recorded change.