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Potentially complicated situation with Work Permit

Last activity 17 February 2021 by Cynic

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mkqq

Hi all,

I just realised today that I could have a potentially complicated situation with my work permit in the near future.

I came here as a Highly Skilled Migrant, meaning that my salary is above the required threshold. Unfortunately in late last year I had a suspected Covid infection which I still have not recovered from. As of today I am still unable to work.

My company pays 100% salary for the first year of sickness, and in the second year it reduces down to 70%.

Assuming that I am still ill when my first year of sickness ends, the 70% salary will fall below the threshold needed for a Highly Skilled MIgrant.

Does this mean I can no longer stay if that happens? I have a permanent contract so my company is legally not allowed to terminate my employment during my sickness.

Many thanks

Cynic

Hi again.

I know what would happen if this was a normal situation, but it's not.  In a normal situation, there is sick pay protection for up to 2 years on a minimum of 70% salary, after that, in a normal situation, as long as your employer has met his legal requirements, then your contract would be null and void.

Dutch citizens would then fall to the social services for help.  If you as a 3rd country national can still not work and so became a burden of the social services, they could send you back to where you came from, so that's the worse case scenario, but who knows, perhaps they are thinking of doing something else for Covid victims.  I've not heard if they have or are doing something.

As I said, this is far from normal.  I don't think the relationship of your salary to your HSM visa will matter because your salary will still be your salary, it's just that extraordinary circumstances have reduced how much you are entitled to be paid of that salary.  I'd suggest you speak to your doctor and your employer and try to work out a way ahead that would either keep you in some kind of employment, or enable you to return home to your family in Australia.

Hope this helps.

Cynic
Expat Team

mkqq

Thanks very much.

You make a good point actually. My salary is indeed still my salary. It's just that after 1 year of being ill I'm only entitled to be paid 70% of it, but my "official salary" is unchanged.

After I had that viral infection last week I used to get this feeling of doom. Unfortunately that feeling turned out to be correct as I'm much worse 1 year later from what I initially thought was just a upper respiratory infection.

Cynic

Hi again.

Sorry about your health; assuming you were actually diagnosed as having Covid; there is something called "Long Covid" which you may want to discuss with your doctor.  This link will take you to a web-page in our UK NHS domain that explains the symptoms.  If it fits, perhaps mention it to your GP.

Cynic
Expat Team

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