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naveen1399
Dear freinds...
Based on my indefinite duration of contract from my employer i was issued an 5 years residence permit by IND..now if i change my employer and i suppose if i dont get indefinite contract ...I loose my 5 years residence permit ?? and get only RP based on the new employer contract ?...Can anybody advice me here pls..apologies if i have replicated the topic..

Regards
Naveen
mvn
QUOTE (naveen1399 @ Nov 10 2009, 08:22 AM) *
Dear freinds...
Based on my indefinite duration of contract from my employer i was issued an 5 years residence permit by IND..now if i change my employer and i suppose if i dont get indefinite contract ...I loose my 5 years residence permit ?? and get only RP based on the new employer contract ?...Can anybody advice me here pls..apologies if i have replicated the topic..

Regards
Naveen

Do you have a KM work permit?
ouloveit1
QUOTE (naveen1399 @ Nov 10 2009, 07:22 AM) *
Dear freinds...
Based on my indefinite duration of contract from my employer i was issued an 5 years residence permit by IND..now if i change my employer and i suppose if i dont get indefinite contract ...I loose my 5 years residence permit ?? and get only RP based on the new employer contract ?...Can anybody advice me here pls..apologies if i have replicated the topic..

Regards
Naveen


This sounds confusing.

If the company has sponsored you for a KM permit that lasts 5 years, that means you can legally work for that company AND live here - as an implied Residence Permitis included in your KM.

That's the one thing.

Secondly, you company could have given you a Work contract (everyone gets a Work Contract so this is not tied to your KM permit) that lasts X amount of time.

If you change employers within that 5 year time period, the new employer has to get you KM permit or maybe a Working Permit as well. Now this employer might give you a Work Contract for X amount of years too .. but again, this has nothing to do with your KM permit.

Either way, as long as you get an employer to sponsor you, you will not lose anytime you've put into the system.

Feel free to PM me if you have more questions.
naveen1399
QUOTE (ouloveit1 @ Nov 10 2009, 03:16 PM) *
This sounds confusing.

If the company has sponsored you for a KM permit that lasts 5 years, that means you can legally work for that company AND live here - as an implied Residence Permitis included in your KM.

That's the one thing.

Secondly, you company could have given you a Work contract (everyone gets a Work Contract so this is not tied to your KM permit) that lasts X amount of time.

If you change employers within that 5 year time period, the new employer has to get you KM permit or maybe a Working Permit as well. Now this employer might give you a Work Contract for X amount of years too .. but again, this has nothing to do with your KM permit.

Either way, as long as you get an employer to sponsor you, you will not lose anytime you've put into the system.

Feel free to PM me if you have more questions.





Sorry if it was insufficient information...the equation i would like understand is as follows:

I have indefinite contract now == Have KM status with 5 years residence permit....Now

If i change my job ..

Assuming, I receive only 2-3 years contract === have KM status..then i will be receiveing residence permit for this 2-3 years only right???? and i will forego my 5 years of RP.....this is my question..

in other words...the duration of the residence permit = duration of your work permit provided by that employer??right?

regards
Naveen


royalblood
RP is not tied to work contract, I mean initially yes but once you get RP valid for X year you have to make sure that when you apply for renewal after X year you have valid work contract from any employer.

In simple words you are fine, you can switch job with out need to worry about RP but if you loose job then you got 3 months to find new one else be ready to loose your RP doesn't matter if it is valid for X years where
X > X-3 (months).

When you change employer your new employer has to provide the copy of your RP and a letter for transfer your MVV on the new company thats it. IND will see if your RP is valid and the new employer satisfies all the condition to hire you (KM), they don't change your RP duration.

Hope it helps...
mvn
QUOTE (naveen1399 @ Nov 10 2009, 06:08 PM) *
Sorry if it was insufficient information...the equation i would like understand is as follows:

I have indefinite contract now == Have KM status with 5 years residence permit....Now

If i change my job ..

Assuming, I receive only 2-3 years contract === have KM status..then i will be receiveing residence permit for this 2-3 years only right???? and i will forego my 5 years of RP.....this is my question..

in other words...the duration of the residence permit = duration of your work permit provided by that employer??right?

regards
Naveen

Clearly you dont understand how the KM PERMIT works
The KM permit is tied to your employer.
You want to change jobs, then you need to find another KM employer for another KM permit.
Whatever scenario you have cooked up has no bearing.
ouloveit1
QUOTE (royalblood @ Nov 10 2009, 05:27 PM) *
RP is not tied to work contract, I mean initially yes but once you get RP valid for X year you have to make sure that when you apply for renewal after X year you have valid work contract from any employer.

In simple words you are fine, you can switch job with out need to worry about RP but if you loose job then you got 3 months to find new one else be ready to loose your RP doesn't matter if it is valid for X years where
X > X-3 (months).

When you change employer your new employer has to provide the copy of your RP and a letter for transfer your MVV on the new company thats it. IND will see if your RP is valid and the new employer satisfies all the condition to hire you (KM), they don't change your RP duration.

Hope it helps...




I agree with what Royal Blood is saying here.
mvn
QUOTE (royalblood @ Nov 10 2009, 06:27 PM) *
RP is not tied to work contract, I mean initially yes but once you get RP valid for X year you have to make sure that when you apply for renewal after X year you have valid work contract from any employer.

In simple words you are fine, you can switch job with out need to worry about RP but if you loose job then you got 3 months to find new one else be ready to loose your RP doesn't matter if it is valid for X years where
X > X-3 (months).

When you change employer your new employer has to provide the copy of your RP and a letter for transfer your MVV on the new company thats it. IND will see if your RP is valid and the new employer satisfies all the condition to hire you (KM), they don't change your RP duration.

Hope it helps...

Again the new employer must be qualified to hire KM. This scenario doesn't work exactly like this. You just don't switch employers and the new employer shows your old permit and acts like a new KM employer. He must already be an approved KM employer so you can switch to this employer under a KM work permit. There is a difference and you are on shaky ground if you try to do it the way explained above.
kakakuku
QUOTE (naveen1399 @ Nov 10 2009, 07:22 AM) *
Dear freinds...
Based on my indefinite duration of contract from my employer i was issued an 5 years residence permit by IND..now if i change my employer and i suppose if i dont get indefinite contract ...I loose my 5 years residence permit ?? and get only RP based on the new employer contract ?...Can anybody advice me here pls..apologies if i have replicated the topic..

Regards
Naveen


You can keep your current KM residence permit and work leaglly as long as you meet the following conditions.
1. Your new employer is qualified as an "KM employer"
2. Your new salary still satisfy the KM standard ( different standard depending on you are above 30 or not)

Your old and new employer are supposed to inform IND about the changing of your job.
naveen1399
QUOTE (kakakuku @ Nov 13 2009, 12:38 PM) *
You can keep your current KM residence permit and work leaglly as long as you meet the following conditions.
1. Your new employer is qualified as an "KM employer"
2. Your new salary still satisfy the KM standard ( different standard depending on you are above 30 or not)

Your old and new employer are supposed to inform IND about the changing of your job.



So you mean ...My current KM RP is 5 years ..and if my new employer contract is 2 years only ...still i have RP for 5 years..???..after 2 years may be i get an extension to my contract or search a new job...???..can u clarify this point pls...

Assuming .the all the employers are qualified as KM employers..

regards
Naveen
mvn
QUOTE (naveen1399 @ Nov 15 2009, 04:17 PM) *
So you mean ...My current KM RP is 5 years ..and if my new employer contract is 2 years only ...still i have RP for 5 years..???..after 2 years may be i get an extension to my contract or search a new job...???..can u clarify this point pls...

Assuming .the all the employers are qualified as KM employers..

regards
Naveen
What is the difficulty exactly? It doesn't matter since you still have to go through the application process through the KM employer.

All naveen means is that administratively the ind may not need to reissue you another KM permit if you find another KM employer.
In any case, the new KM employer still must "sponsor" you so to speak. So you still have to go through the whole process of approval like you did before when you got your first KM permit originally. And the IND may reissue you another KM permit for 5 years or they might let you keep the old one although I doubt it.
ouloveit1
QUOTE (naveen1399 @ Nov 15 2009, 03:17 PM) *
So you mean ...My current KM RP is 5 years ..and if my new employer contract is 2 years only ...still i have RP for 5 years..???..after 2 years may be i get an extension to my contract or search a new job...???..can u clarify this point pls...

Assuming .the all the employers are qualified as KM employers..

regards
Naveen


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.

If you have a KM permit for job A for 5 years and 2 years into this job, you want to change to another company .. that company has to get you another KM permit to work for them.

Since you have already been working 2 years - this KM permit will last about 3 years. After that point (after 5 years total) you can get a permanent residence permit so you no longer need any more permits to live and work here.

Your Work contract for company B? The new company will give you one but the duration is up to them and again this Working Contract will have nothing to do with the above KM permit.
avocado
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
mvn
QUOTE (avocado @ Nov 21 2009, 05:41 PM) *
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

Exactly what I said. You have to go through whole procedure all over again and ID is not transferable from one employer to another.
kakakuku
QUOTE (naveen1399 @ Nov 15 2009, 02:17 PM) *
So you mean ...My current KM RP is 5 years ..and if my new employer contract is 2 years only ...still i have RP for 5 years..???..after 2 years may be i get an extension to my contract or search a new job...???..can u clarify this point pls...

Assuming .the all the employers are qualified as KM employers..

regards
Naveen


I guess you must be confused with all the above answers. Here is the official document from IND website, you can read the page from 16 to 17, there is a "FAQ" specially for your situation. http://www.ind.nl/en/Images/0907%20brochur...tcm6-102755.pdf
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