30% ruling for spouse who got visa but hasn't arrived in Netherlands

My husband received a job offer in the Netherlands. The company provided visa sponsorship for both of us. Our visa application got approved and we received the MVV so that we can go to the Netherlands, collect the residence permit, get a BSN number, etc. My husband is now in the Netherlands but I haven't gone there yet.

My husband is a highly skilled migrant. He is eligible for the 30% ruling. My profession also is in the same area as his.

My question is if I receive a job offer that meets the salary requirements and sign the contract before I go to the Netherlands, will I be eligible for the 30% ruling?
Would the fact that my visa application is already approved and its a matter of visiting the Netherlands to collect the residence permit and do the required registrations etc, prevent me from being eligible for 30% ruling?

Hi and welcome to the Forum.

Taxes are an individual matter, so the fact your husband is entitled to the 30% ruling is of no consequence to your tax affairs.

If I've understood you correctly, the only part of your current move to Holland yet to be completed is the Gemeente registration, so you have already been granted a Dutch residence and work permit (MVV).  So, ostensibly no, you can't apply for a different Dutch visa while you already have another.  My advice is to speak to whoever applied/sponsored your husbands skilled migrant visa and ask that your application be cancelled.

Once your current visa is null and void, then if you receive a job offer from a suitably registered Dutch company and meet all the requirements for the 30% ruling, then yes, you could qualify.

If you're in any doubt, my advice is to speak to a Tax Expert.

Hope this helps.

Cynic
Expat Team

Hello,
I have similar situation with the owner of the topic. Only differences I didn't collect my and issued my mvv visa from the embassy even my spouse took it.
Also in mean time I found a job,  Is it possible change my visa sponsor or my can new employer company apply again for me like ignoring the first application?

Thanks

Hi and welcome to the Forum.

Visa sponsors are unique and you can't use one applied for by 1 company with another.  If your old visa application has now lapsed, you will have to re-apply.

Hope this helps.

Cynic
Expat Team

Hi Team,


My wife working on hsm visa with 30 ruling benifit from past 1 year and I came to Netherlands on dependent visa after one year of my wife living here and i got the job with in a month when i came here ,my employer has processed hsm and 30 ruling for me.

But i have got the 30 ruling for 4 years only instead of 5 years, they were objecting because since my wife is here in Netherlands after the marriage they are decreasing my validity for 1 year.

i have sent the objections letter and they are rejecting that telling same reason and asking me to appeal in court.

My question here is 30 ruling is individual benifit, so can i still go to court to appeal on this objection for tax authorities? Is my case looks positive shall i get for 5years ?


BR, Ram

Hi Team,
My wife working on hsm visa with 30 ruling benifit from past 1 year and I came to Netherlands on dependent visa after one year of my wife living here and i got the job with in a month when i came here ,my employer has processed hsm and 30 ruling for me.
But i have got the 30 ruling for 4 years only instead of 5 years, they were objecting because since my wife is here in Netherlands after the marriage they are decreasing my validity for 1 year.
i have sent the objections letter and they are rejecting that telling same reason and asking me to appeal in court.
My question here is 30 ruling is individual benifit, so can i still go to court to appeal on this objection for tax authorities? Is my case looks positive shall i get for 5years ?

BR, Ram
-@RamSesh

Hi and welcome to the Forum.


Of course, you can go to court, but you should check first about legal costs and who pays what, when and where.


As for looking positive, it sounds like they are using the requirement to be a resident outside the Netherlands when you are employed, so you would not have qualified for the 5-year deal.  I don't know though; it's the sort of thing your lawyer would be able to ask on your behalf.


I hope this helps.


Cynic

Expat Team

NA

@RamSesh How did your employer give you a 30% ruling as your contract was signed once you were in the netherlands?




The 30% ruling document is not letting me fill the form after I check that I have received the employment once I entered netherlands!

@RamSesh hi


I have a similar case for my wife. Did you take service of any tax consultant? Any details from your end will help us.


Regards