Settlement agreements and garden leave for Highly Skilled Migrants
4 min read4 cited sourcesReviewed 2026-07-31
The agreement is not only an employment document. Its end date can determine the start of the IND search period, WW timing and the expat-scheme transfer window.
IND and UWV sources checked 7 August 2026Employment + immigration decision guideEditorial method
Quick answerFor immigration, focus first on the legal contract end date because the IND job-search period starts when the contract ends. For WW, UWV says a mutual termination agreement should make clear that the employer proposed the termination and that the employee was not culpably unemployed; the applicable notice period also matters before WW can start. Garden leave is not the same as termination if the employment contract continues.
Before you sign: decision path
What is the legal employment end date?Separate it from the last day you actively work, access removal and the start of garden leave.
Does salary continue through that date?Check base salary, benefits and any HSM-relevant remuneration rather than treating severance as salary.
Does the agreement protect the WW position?Check employer initiative, no culpable conduct and the correct notice period with employment counsel.
Do all records use the same end date?Align the signed agreement, payroll, employer/IND notification and your immigration deadline calculation.
Clauses that require explicit wording
Clause
Why it matters
Employer initiated the termination
UWV states this is important for preserving possible WW entitlement.
No gross misconduct
Culpable unemployment can block WW and create immediate financial risk.
Legal employment end date
The IND search period starts on the day the contract ends.
Notice period respected
WW may not start until the legally required notice period has passed.
Garden leave terms
Clarify whether salary, benefits, pension and HSM-level remuneration continue until the end date.
Final pay and severance
Separate salary through the end date from one-off compensation.
IND notification
Record who will report the end of employment and the date used.
Two-week reflection period
UWV states the employee normally has two weeks to reconsider; three weeks if the agreement omits this information.
Garden leave does not automatically start the IND clock
If the employment contract remains in force, regular salary continues and the legal end date is later, the relevant IND date is normally the contract end rather than the last day actively worked. However, reduced salary, unpaid leave or an immediate termination can change the analysis. Align the settlement agreement, payslips and sponsor notification.
Severance is not salary continuity.
A higher settlement payment may be commercially valuable but does not itself postpone the HSM search period once employment legally ends.
WW-protective drafting
UWV advises that the agreement record employer initiative, no gross misconduct, mutual consent and the final-pay date. The statutory, contractual or CAO notice period must be respected. Do not sign while ill without specialist advice; UWV warns that agreeing to dismissal during the first two years of illness can jeopardise both unemployment and sickness benefits.
Negotiation points specific to international employees
Employer-funded immigration lawyer review before signature.
Continued salary and benefits through a lawful notice period.
Cooperation with a new sponsor and rapid delivery of immigration records.
Clear 30% ruling payroll documents and joint application support for the new employer.
Relocation, repatriation or school-cost support if no new permit is found.
Written confirmation for partner and children permit administration.
Reference letter and release for interviews during garden leave.
Two scenarios
Garden leave for 2 months, contract continues
If the employment contract and qualifying salary truly continue until the later end date, do not automatically start the IND search clock on the last active working day. Validate the actual agreement and sponsor reporting.
Immediate termination plus severance
A severance payment can improve the financial package, but it does not itself keep the employment contract alive. The legal end date can therefore start the IND clock immediately.
Evidence file
Final signed settlement agreement and any amendments.
Payslips through the legal end date.
Written employer confirmation of the IND notification date.
WW notice-period analysis from HR, UWV guidance or counsel.
Immigration deadline calculation and new-sponsor activity.
Common mistake: negotiating only the severance amount. For an HSM, the date mechanics and continued qualifying employment can be more important than the headline payment.
