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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 skilled
migrant 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

 

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.