If a non-EU person (third country national) wants to work in the Netherlands, he/she can do so as a Highly Skilled Migrant, with an EU Blue card or with a combined permit for stay and work (GVVA). If it concerns an intra company transferee, the EU ICT Directive may be applicable. Lastly, there are special regulations for posting staff within the EU (cross-border service provision).
[continues below matrix]
Matrix comparing Highly Skilled Migrant program, EU Blue Card, EU ICT and national ICT: |
||||
highly skilledmigrant program |
blue card program |
ICT EU |
ICT national |
|
|---|---|---|---|---|
|
position |
manager, specialist |
manager, specialist |
manager, specialist, or trainee as defined in Directive 2014/66 |
manager, specialist |
|
salary threshold |
see current amounts here |
see current amounts here |
see current amounts here |
see current amounts here |
|
salary competitive with labor market? |
yes |
fixed in salary threshold |
yes |
yes |
|
processing time |
2 weeks for recognized sponsor |
2 weeks for recognized sponsor, max. 90 days for non-recognized sponsor |
2 weeks for recognized sponsor, max. 90 days for non-recognized sponsor |
3-5 weeks work permit/ 90 days residence permit |
|
posting or local contract? |
local |
local |
posted assignee remains employed by foreign employer |
both possible, as long as assignment is temporary |
|
awaiting decision abroad? |
only if visa required |
only if visa required |
only if visa required |
only if visa required |
|
education |
college-academical |
college-academical of at least 3 year |
voor trainee: master degree |
college-academical |
|
may family members work? |
yes |
yes |
yes |
work permit (not tested) required |
|
validity |
duration of contract; max 5 years |
duration of contract; minimum 1, max 4 years |
duration of assignment; max 3 years |
duration of assignment; max 3 years |
|
extension possible? |
yes, unlimited |
yes, unlimited |
no - 6 months cooling-off period after 3 years of EU ICT labor* |
yes, as long as assignment remains temporary |
|
permanent residency possible? |
yes |
yes |
yes, but only based on national policy |
no |
|
mobility in EU? |
no |
yes, after 18 months |
yes |
no |
|
* There are options to remain in the Netherlands by changing immigration category |
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Our services
Everaert Advocaten has more than 30 years of experience in assisting Dutch and international companies in the Netherlands and abroad. Our lawyers are seasoned professionals in the field of labor migration to the Netherlands and Europe.
We can help to find your best options, which application types are best suited to your needs and advise on the compliancy issues involved. When things have gone awry, you can also call in our support.
For more information or advice on any of the above, please contact Marcel Reurs or Bram van Melle.
