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A highly skilled migrant must earn every month the applicable gross monthly salary threshold. If the highly skilled migrant earns less than this threshold the employer as recognised sponsor under the Dutch Immigration Act must inform the Immigration Service (IND). The IND can withdraw the residence permit in this circumstance. In case of unpaid leave by a highly skilled migrant he falls in most cases below the threshold. The IND has informed Kroes Advocaten that in case of unpaid leave by a highly skilled migrant which is based upon a legal right, like parental or care leave, this will not affect his residence right, even if he falls below the threshold. Required is that the employer of the highly skilled migrant has informed the IND in advance about this unpaid leave.