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Procedure overdue · kennismigrant (highly-skilled migrant)

Highly-skilled migrant permit past three months? The Vw 25 Notice of Default opens.

The highly-skilled migrant route is the headline channel for international talent in the Netherlands. Recognised sponsors (universities, research institutes, qualifying employers) file the application; the IND decides within three months under Vw 25. Once the three months are up without a decision, the Notice of Default opens. The Notice cites Vw 25 and Awb 4:17 and gives the IND fourteen days to act. The procedural framework is identical to other Vw 25 permits, but the highly-skilled migrant context has specific employer-side considerations.

Highly-skilled migrant · the three-month Vw 25 decision-term, the recognised-sponsor framework

The highly-skilled migrant framework

The kennismigrant (highly-skilled migrant) permit is a Vw 14 residence permit issued on the basis of a contract with a recognised sponsor (erkende referent). The recognised-sponsor system means the IND has pre-approved the employer and trusts the employer's representations about salary, role and contract length. The IND's role is to verify the applicant's identity, criminal record, and the salary threshold; the substantive employment review is delegated to the sponsor.

Salary thresholds for 2026: €5,331 gross per month for applicants aged 30 and over, €3,909 gross per month for applicants under 30, €2,801 gross per month for graduates of Dutch universities within three years of graduation. The thresholds are recalculated annually. The application is filed with the IND by the sponsor through the IND business portal (Indigo).

The three-month decision-term (Vw 25)

Vw 25 fixes the IND's decision-term at three months from receipt of the complete application. For a recognised-sponsor filing, the clock starts on the day the IND confirms receipt via the business portal. The IND can extend once under Vw 25(2) by up to three months, on grounds of complexity or external consultation. The total maximum is six months.

Three months. From the day after the IND confirms receipt. Recognised sponsors track this in the business portal. The applicant should ask their HR contact for the receipt date and the calculated end-date.

Why highly-skilled migrant cases get stuck

The procedural lever when the term expires

  1. 1
    Confirm the receipt date
    From the IND business portal or the sponsor's HR. Day one is the day after receipt.
  2. 2
    Add three months
    Standard Vw 25 term. If an extension letter under Vw 25(2) was sent, add up to three more.
  3. 3
    Verify no Awb 4:15 suspension applies
    Has the IND requested missing information? If yes, count the suspension period out.
  4. 4
    Draft the Notice of Default
    Cite Vw 25, Awb 4:17. Identify by V-number. MigrationProvision drafts for €8.75.
  5. 5
    Wait fourteen days
    If the IND decides, the case is closed. If not, the daily penalty starts and Awb 6:12 opens court.

Employer-side considerations

Highly-skilled migrant cases involve two parties: the applicant (the employee) and the recognised sponsor (the employer). The Notice can be filed by either, but coordination matters. The employer has a legitimate interest in the decision: the start date is delayed, the team is short, and the employer may need to communicate with other stakeholders. The employer can file the Notice as the recognised sponsor; the applicant can also file it directly.

Some employers prefer to wait it out for fear of "upsetting" the IND. This is misplaced: the IND has internal directives that Notices of Default do not affect substantive decisions, and the highly-skilled migrant route is heavily standardised — a positive decision is the default for a properly-filed application. The procedural lever forces the timing, not the outcome.

The daily penalty for highly-skilled migrant cases

The Awb 4:17 daily penalty applies to highly-skilled migrant cases on the same terms as other Vw 25 cases: €23/day for the first 14 days after the Notice expires, €35/day for the next 14, €45/day for the last 14, capped at €1,442 total over 42 days. The daily penalty is paid to the applicant (the highly-skilled migrant), not to the sponsor. Most highly-skilled migrant cases are decided within the 14-day Notice window because the IND prioritises files that have triggered a Notice.

The Awb 6:12 route to court

If the IND still does not decide after the Notice expires, the Awb 6:12 fictive-refusal route opens. The applicant or sponsor can file court appeal (beroep) at the district court against the absence of a decision. The district court typically orders the IND to decide within two to four weeks, with court-ordered daily penalty under Awb 8:55d on top of the Awb 4:17 daily penalty. The Awb 6:12 route is free of court filing fee.

Where MigrationProvision sits

Highly-skilled migrant cases are a recurring share of our caseload. The substantive case is straightforward: salary threshold met, recognised sponsor in place, identity confirmed. The IND's delay is the issue. Our Notice of Default cites Vw 25 and Awb 4:17, identifies the case by V-number, and forces the procedural step. The Notice can be filed by the applicant or by the recognised-sponsor HR team for €8.75.

FAQ

Frequently asked questions.

What is a highly-skilled migrant permit?
A residence permit (verblijfsvergunning regulier) for highly-skilled migrants employed by a recognised sponsor (erkende referent) in the Netherlands. Issued on the basis of meeting the salary threshold and the sponsor relationship.
What are the 2026 salary thresholds?
€5,331/month gross for applicants aged 30 and over, €3,909/month for applicants under 30, €2,801/month for graduates of Dutch universities within three years of graduation. Recalculated annually.
How long does the IND have to decide?
Three months under Vw 25, from the day after the IND receives the complete application via the business portal. Extendable once by three months under Vw 25(2).
Can the employer file the Notice of Default?
Yes. The recognised sponsor can file the Notice as the sponsor. The applicant can also file it directly. Both have standing under Awb 4:17.
Will filing a Notice affect our recognised-sponsor status?
No. The Notice is a procedural lever that addresses timing, not substance. The IND does not penalise sponsors for filing Notices. The recognised-sponsor status is unaffected.
Will it affect future highly-skilled migrant applications?
No. The IND treats each application on its merits. There is no "black list" for applicants or sponsors who have filed Notices in earlier cases.
What if the highly-skilled migrant has already started working?
The Vw 14 work-rights continue during the procedure (provided the application was filed in time). The Notice forces the formal permit decision but does not affect the right to continue working under Vw 14.
How much is the daily penalty?
€23/day for the first 14 days, €35/day for the next 14, €45/day for the last 14. Capped at €1,442 total over 42 days. Paid to the applicant under Awb 4:17.
What if the IND still does not decide after the Notice?
The Awb 6:12 fictive-refusal route opens. The district court can order the IND to decide within a court-set term, with court-ordered daily penalty under Awb 8:55d on top of the Awb 4:17 daily penalty. Free of court filing fee.
Does MigrationProvision work with HR teams?
Yes. We have a dedicated employer-onboarding flow for HR teams managing multiple highly-skilled migrant files. The Notice itself costs €8.75 per file regardless of who is filing.
Related reading
for highly skilled migrantsfor employers hr residence permit delayvw 25 residence permit termind decision overdue

Highly-skilled migrant past three months?

If the IND received the application three months ago and no valid extension letter has been sent, the Notice route opens. €8.75 per file. The IND has 14 days to decide. Filable by the applicant or the recognised sponsor.

Open a file · €8.75