Employer’s non-compliance caused withdrawal of Highly Skilled Migrant permit: successful objection procedure
De Vreede Advocaten lodged an objection against the decision of the Immigration Services (“IND”) to withdraw the residence permit of a Highly Skilled Migrant. The reason for the withdrawal was that the employer had neglected to pay the first month’s salary of the migrant on time. The IND argued that the migrant did not meet the requirements of the Highly Skilled Migrant permit, as the salary requirements should be met every single month. De Vreede Advocaten successfully argued that the migrant had been entitled to that month’s salary and that he had indeed received that salary, albeit paid out at a later time. The IND also argued that the migrant had neglected to inform the IND of the late payment of his salary. De Vreede Advocaten refuted this argument by arguing i.a. that it was not the employee’s duty to inform the IND of such a fact and that the withdrawal was unlawful as a permit can only be withdrawn in case the incorrect information would have led to the rejection of the application had that information been known at the time of the application, which was not the case here. The objection procedure was successful and the IND reversed the withdrawal of the residence permit.