NETHERLANDS: Implementation of the Intra-company Transfer Directive

The Dutch government announced on 2nd November their plans for the implementation of the Intra-company Transfer Directive (ICT). Due to take effect as of 29th November 2016, ICT permits will be granted to foreign nationals from outside the EU who are employed by a foreign entity abroad, that have been temporarily transferred within a group of corporate companies.

There will be two groups under the ICT route; short-term and long-term mobility. Short-term mobility allows workers to mobilise for a maximum of 90 days.  Long-term mobility allows workers to stay over 90 days for a maximum of three years for managers/specialists, and one year for trainees.

In order to qualify under the ICT visa category, previous employment with the foreign entity would be required for managers and specialists from 3-12 months and for trainees for 3-6 months. For a person who is already in possession of an ICT permit in another member state, for a second application in the Netherlands, no proof of prior to three months needs to be provided.

Additional qualifications also need to be provided in order to qualify under the ICT category. For the first application in the Netherlands for long-term mobility ICT, managers and specialists need to prove professional qualifications and experience. For trainees, a trainee agreement is required and they need to be in possession of a master”s degree.

For a second application in the Netherlands fewer documents will be required by an applicant, but their salary will be assessed to see whether it is at market level and also whether a valid transfer letter/trainee agreement is present.

It should be noted that residence under the ICT route does not lead to permanent residence in the Netherlands. Furthermore, EU long-term residence cannot be accumulated in the Netherlands from periods resided previously in other member states or within the Netherlands to be eligible for a permanent residence status.

For further information on ICT visas for the Netherlands, including a complete assessment as to an applicant”s eligibility and documentation requirements, please contact us at enquiries@newlandchase.com

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