The Dutch government has amended the main residence rules for family members of Highly Skilled Migrants. With effect from 3 April 2026, accompanying family members may remain outside the Netherlands for up to eight months where the Highly Skilled Migrant is abroad for work purposes. Employers should review relevant assignment policies and consider informing any affected employees with accompanying family members currently abroad.
Under the general rule, the Dutch Immigration and Naturalisation Service (IND) may presume that a residence permit holder has transferred their main residence where they remain abroad for more than six consecutive months, or for more than four consecutive months in a third consecutive year. A specific exception already applies to certain residence permit categories, including Highly Skilled Migrants who perform work outside the Netherlands and may be absent for up to eight months. Provided the conditions of the Highly Skilled Migrant (HSM) scheme continue to be met, that absence does not in itself affect the HSM permit. Family members holding a dependent residence permit (in Dutch: verblijf als familie- of gezinslid) were not previously covered by this exception and remain subject to the general rule.
The policy has now been amended to confirm that the accompanying family members of a Highly Skilled Migrant may also remain outside the Netherlands for up to eight months, provided both the family member and the Highly Skilled Migrant continue to meet their respective permits. This amendment does not replace the general main residence rule, and absences of more than four consecutive months in a third consecutive year may still trigger an IND assessment of main residence.
This policy change should provide greater clarity for employers deploying Highly Skilled Migrants outside the Netherlands for longer periods, as it reduces the risk of accompanying family members transferring their main residence due to a temporary stay abroad.
Employers planning outbound deployments should review existing assignment policies and verify that the conditions of both the Highly Skilled Migrant permit and the accompanying family members’ residence permit will continue to be met throughout the period abroad. Employers may also wish to inform affected employees currently on assignment abroad, where accompanying family members may rely on this updated policy.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Hugo Vijge
Director
Nini Braken- Zheng
Manager
Marijan Vrhovac
Senior Associate
Chenxi Dou
Senior Associate
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