QUOTE (ouloveit1 @ Nov 15 2009, 09:38 PM)

I think you are getting even more confused. What you are saying now ... really makes no sense.
As I already stated.. your KM permit (which is a combination of a Working Permit and a Residence permit) has nothing to do with your Work Contract.
The two are not connected.
Aiieee... what a tangled thread has been woven here, and there is a lot of misinformation going around.
Ouloveit, you've made an admirable attempt to simplify matters, but by not sticking to the terms Dutch immigration law uses you may make things more complicated. To be more accurate, there is really no such thing as a "KM permit". What it is is a residence permit (
verblijfsvergunning), just like any other residence permit, which has the restriction "residence as a
kennismigrant for [employer] X. No employment permit required [for employer X]. No other work permitted." (
Verblijf als kennismigrant voor X. Geen TWV vereist. Geen andere arbeid toegestaan.) This residence permit is granted for the same length of time as your work contract with employer X.
The two
are completely connected.
If the residence permit is valid for 5 years (because you have a work contract that is either indefinite or valid for 5 years), that does not give you the right to work for whomever you want in those 5 years. Your residence permit
ceases to be valid when the work contract it is based on ends, even if that is before the expiration date written on the permit. Your new employer
has to go through the procedure of applying for a new residence permit under the KM scheme for you (or otherwise, if the job doesn't qualify for the KM scheme, go through the procedure of applying for an employment permit for you, after which you would have to apply for a new residence permit based on that employment permit)-- you can't just coast along on the old residence permit in the knowledge that your new job probably would qualify anyways. If the IND were to find out that you were doing that, they would retroactively revoke your permit back to the date that your original work contract ended or was terminated. You might be able to scramble and get a new permit, then, but you will have a 'gap' in legal residence and will have thereby lost all of the years you saved up toward a permanent residence permit.
Be aware! Understand that the KM scheme is not primarily there for your convenience, it's there for your employer's convenience! You are not being given a free pass (yet)!
Jeremy Bierbach, LLM
www.immigrate.nl