A Dutch company has three different options to acquire a work permit for an employee of a foreign subsidiary transferring to the Netherlands:
- the European Intra-company Transfer (ICT) Directive
- the Dutch ICT program
- the Highly Skilled Migrant Program.
VisaVersa will assist in choosing the right program.
European ICT Directive
In November 2016, the Netherlands implemented the Directive on the conditions of entry and residence of third-country nationals in the context of a transfer within an enterprise (Directive 2014/66 / EU). The directive has been implemented in 24 European member states (with the exception of Ireland and Denmark) and harmonizes the regulations for the transfer of employees.
In this directive, a group is defined as two or more companies that are connected by one of the following:
- to be in possession of the majority of the issued capital;
- have the majority of the votes attached to the shares issued;
- The appointment of more than half of the members of the administrative, management or supervisory body; or
- The companies are under the central management of the parent company.
The ICT directive applies to employees:
- who do not have the nationality of one of the EU Member States;
- who have their main residence outside the EU at the time of the application;
- Being a manager, specialist or trainee and also possessing the necessary qualifications;
- who at the time of application have an employment contract with a group company based outside the EU for at least 3 months; and
- These are temporarily transferred to a group company within the EU.
With an application, the IND also looks at the gross monthly salary of the employee who is transferred. The wage must be in line with the market, based on the principle that the knowledge migrant standard must be met. For managers and specialists, having a Bachelor’s degree is sufficient. Trainees must have at least a Master’s degree.
The Dutch branch company is not required to be approved by the Immigration and Naturalization Service (IND) as a recognized sponsor.
If the transfer falls within the scope of the ICT Directive, the highly skilled migrant scheme or the national ICT program cannot be used.
The IND can grant the residence document for a maximum of 3 years.