Work / Business Rights being Spouse of Highly Skilled Visa Holder

Hi Everyone,

I am new here and this is my first post. We currently live in Singapore and my spouse has a job offer from Netherlands which we are seriously considering.

My spouse's prospective employer will be applying for highly skilled visa. Being spouse of highly skilled visa holder, I understand from IND website that I will also be able to work. I have following specific questions:

-Being spouse of highly skilled visa holder with 30% tax ruling, if I work for a company, will I also need to meet minimum salary criteria of 30% tax ruling?

-Being spouse of highly skilled visa holder, can I register a company and do some business in Netherlands as self employed? If yes, do I need to change my visa? Is there a restriction on which business can I do? Are there any minimum capital requirements, job creation requirements etc?

-If I am not able to find a job or do some business, will I be able to do smaller jobs or work like driving uber, etc?

These answers will help us take this important decision. Detailed itemized responses will be greatly appreciated. Thank you in advance.

Hi and welcome to the Forum.

Spouse 30% tax benefit - no, you don't qualify for this on a family visa.  Make sure your husband's employer apply for your family visa when they apply for his; skilled migrant visas can be arranged in a few days, yours can take up to 90 days if IND are not made aware that you are a couple.

Register your own business - yes.  Self-employed is known as ZZP in the Netherlands.  No need to change your visa; my advice is to speak to the Chamber of Commerce (KvK) - link here when you arrive in the Netherlands and are registered with the local council.

Yes.  Uber is not nationwide; it operates in Amsterdam, Rotterdam, The Hague, Utrecht, Eindhoven, Haarlem and 't Gooi.  Taxi work is more problematic as you need specialist qualifications.

If you have any further specific questions, please come back to us.

Hope this helps.

Cynic
Expat Team

Hi Cynic,

Thanks a lot for your response. Really grateful!

Point 2 and 3 are crystal clear. Need further clarity on point 1. Do you mean I will not have 30% tax benefit - same as my spouse?

If I will have 30% tax ruling due to my spouse already having 30% tax benefit, will I also need to meet minimum salary criteria of 30% tax ruling?

Cheers!

Hi again.

Point 1 - Yes, I mean exactly that; as it stands if you accompany your husband on a family visa, you will not qualify for the same tax benefit as your husband.  Tax matters are individual in the Netherlands; you never inherit anything applicable to your spouse.

There was nothing stopping you applying for a job that would qualify for the 30% ruling in your own right, however, once you are in the Netherlands, then you no longer qualify.

Hope this helps.

Cynic
Expat Team

Hi Cynic,

Yes, this is really helpful.

Thanks a lot!

Hi all! Back to the question of 30% ruling for a partner who comes on a dependent visa.

If a partner finds a job which qualifies (salary wise and if needed skills wise) for highly skilled migrant job will there be a need to apply for a residence change of purpose? If yes, can this request be processed while in Netherlands or a person will have to leave and reenter once after residence permit is approved? Thank you!


    Hi all! Back to the question of 30% ruling for a partner who comes on a dependent visa.
If a partner finds a job which qualifies (salary wise and if needed skills wise) for highly skilled migrant job will there be a need to apply for a residence change of purpose? If yes, can this request be processed while in Netherlands or a person will have to leave and reenter once after residence permit is approved? Thank you!
   

    -@Max0910


They can't do it from within the Netherlands, they must reside more than 150 km from the Dutch border at the time.  If you think your spouse can qualify in her own right and it's important to you, then leave her where she is until it is confirmed, then she can get sponsored by her new employer and join you after that.  Skilled migrant visas do not take long to expedite.

I just read the first article Google showed me on this topic and it is from the University of Amsterdam (practical information for students).

And then I realised my question was confusing too - should have been split into two parts: a) residence permit for a highly skilled migrant and b) 30% ruling.

For 30% ruling there is a requirement to live farther than 150km from NL border indeed, though this is required to be true during at least 16 months over last 24 months (Belastingdienst NL website).

It is also said one must be recruited outside of NL - I guess this is the critical point in my example.

As for the residence permit change of purpose - the example for students is saying that this is possible (at least in limited cases).

Given the ultimate goal in the example was to get 30% ruling in the end (as the residence permit is available already) I agree the short answer is NO.