A foreign company can use the skilled migrant program to transfer an employee from an office abroad to the Dutch office. The Dutch office must first be established and registered with the Chamber of Commerce before an application for the skilled migrant program can be submitted.
It is possible for the employee being transferred to the Netherlands to remain on the payroll of the foreign office. The foreign office and/or headquarters of the company are then required to submit a statement as part of the application providing details on the labor contract and the salary of the employee.
Starting a new company
Employers first needs to be enrolled in the skilled migrant program of the Immigration and Naturalization Service (IND) before they can file an application for an employee. Part of the information required from the company is documentation showing that the company has met its financial obligations towards the Dutch Tax Authorities. If the office in the Netherlands has recently been established, this documentation can not yet be produced and the requirements for the program are adapted. A statement from the foreign company setting up the office in the Netherlands can then be used to show its financial position is sufficient to meet the requirements set forward by the skilled migrant program. After the company is registered, the application for the individual employee(s) can be submitted to the Immigration and Naturalization Service (IND).
The skilled migrant program can also be used for transferring employees from the foreign owner to the joint ventures in the Netherlands. The company structure showing the relationship between the company abroad and the joint venture in the Netherlands must be shown. Requirements for the application process are similar to regular intracompany transfers. Like with intracompany transfers, it is also possible for the foreign employee to stay on the payroll of the employer abroad.