Intra Corporate Transferee: a new residence permit
2016-12-26 | By ACCESS
Since 29 November 2016, a new purpose of residence: intra corporate transferees, has been added to the list of purposes for coming to the Netherlands. This follows a European Directive 2014/66/EU, for Intra Corporate Transferees (ICT). The new ‘purpose of residence’ comes with a permit that allows the holder to work in the Netherlands as a transferred employee of an international group for a maximum of three years (trainees for a maximum of one year).
Under certain flexible conditions, a holder of such a permit may also be transferred to a branch of the undertaking within another EU Member State. Each Member State has its own conditions. Denmark, the United Kingdom and Ireland decided not to participate.
To which employees does this apply?
The Directive applies to employees who:
- Are not a national of an EU/EEA country, Switzerland or Turkey, and
- Perform work as a manager, specialist or trainee, and
- Have an employment contract with an undertaking established outside the EU, and
- Are transferred to a group member within the Netherlands, and
- Live outside the Netherlands at the time of submitting the application.
Before 29 November 2016, people now resorting under this specific group, were able to obtain a residence permit as a highly skilled migrant. This is no longer possible after the introduction of the Directive. If an application is submitted for a residence permit for ‘highly skilled migrant’, there will be an official check against the conditions of the Directive and no permit as a highly skilled migrant will be issued if the employee falls under the scope of the Directive.
Family members may apply for a residence permit in order to stay with the employee for the duration of the transfer. During their stay, they will be free to work in the Dutch labour market.
More information is available on https://ind.nl/en/work/Pages/Intra-Corporate-Transferees.aspx