What happens to an HSM’s salary in cases of job changes, turning 30, or adjustments to the minimum salary requirements? This is a frequent topic of discussion, and opinions often vary. Let’s clarify the key points to ensure compliance with IND guidelines and help you navigate salary-related scenarios.
When salary compliance is checked
The IND checks salary compliance in the following situations:
- When applying for the first residence permit.
- When renewing a residence permit.
- When changing employers to a new IND-registered sponsor.
In these cases, your employer must adjust your salary to meet the minimum salary requirements in effect at that time. In all other cases, employers are not obligated to increase your salary.
Salary scenarios for HSM
HSM after the orientation year (Zoekjaar):
- First residence permit application: The reduced salary criterion applies, based on the requirements at the time of application.
- Residence permit renewal: The standard salary criterion applies, based on the requirements at the time of renewal.
- Changing employers: The standard salary criterion applies, based on the requirements at the time the new contract is signed.
HSM under 30:
- First residence permit application: The reduced salary criterion for HSM under 30 applies.
- Residence permit renewal: The reduced salary criterion continues to apply, even if you turn 30, as long as you remain with the same employer.
- Changing employers: If under 30, the reduced salary criterion applies. If 30 or older, the standard salary requirement for HSM 30+ applies.
HSM 30 and older:
- First residence permit application: The standard salary criterion applies.
- Residence permit renewal: The standard salary criterion applies.
- Changing employers: The standard salary criterion applies, based on the requirements at the time the new contract is signed.
Important: If your salary is at the lower end of the HSM scale, ensure it meets the updated requirements during permit renewal or job changes. Otherwise, you risk losing your residence permit or benefits like the 30% ruling. Learn more about this benefit in our 30% ruling overview.
Examples and practical notes
Salary adjustment after turning 30: If you turn 30 while working for the same employer, they are not required to increase your salary unless you change jobs. However, your salary must meet the updated level during residence permit renewal.
Contract renewal with the same employer: Extending a contract or transitioning from a temporary to a permanent contract does not automatically guarantee a salary increase. Adjustments occur only during permit renewal or job changes.
Demanding a salary increase during permit renewal: If your employer does not raise your salary to meet the minimum requirements at renewal, you must request an increase. Falling below the threshold risks losing your residence permit.
Final thoughts
Understanding salary requirements is crucial for maintaining your HSM status and benefits. Stay informed, discuss your options with your employer, and ensure compliance with IND regulations to avoid complications. For specific concerns, refer to IND’s official website.