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intra company transfers

Multinational corporate groups with entities in the EU, including the Netherlands, can transfer their personnel to one or more of these entities.

As of 29 November 2016, the Netherlands implements EU Directive 2014/66 on the intra-company transfers of non-EU nationals (third-country nationals) to the entities of corporate groups in the member states that have adopted the Directive.

As a result the Netherlands administers 3 programs to work authorize an intra-corporate transfer (ICT):

  • the EU ICT program
  • the national highly skilled migrant (HSM) program
  • the national ICT program

EU ICT program

The ICT Directive harmonizes the regulations of EU member states for the transfer of corporate employees and facilitates the mobility for corporate employees within the EU.

Implementation of the Directive in 24 member states of the European Union, including the Netherlands (Denmark, the United Kingdom and Ireland do not participate) has led to:

  • a combined residence and work permit for corporate employees, the ICT–permit
  • mobility: when an employee has an ICT-permit in a member state, he or she can be transferred to an entity of that company in another member state, with relative ease
  • EU legislation takes precedence over national legislation
  • additional entry requirements

Employee selection

The Immigration and Naturalization Service (IND) applies the Directive to those employees who are:

  • non-EU nationals
  • under contract with an entity of the company outside the EU at the time of application and during the transfer
  • employees to be transferred to an entity of the company inside the EU
  • managers, specialists or trainees, as described in the Directive

The permit

The ICT permit is a combined work and residence permit. ICT permit holders are entitled to work as a transferee. Other work is permitted, but after successful application for a regular work permit.

The permit for managers and specialists can be granted for a maximum of 3 years. The limit for an ICT trainee is 1 year. At the completion of the ICT limit, managers, specialists and trainees must observe a mandatory waiting period of 6 months before a new ICT permit can be requested for a transfer to the Netherlands.

Family members (including children up to 18 years) can join. Accompanying children must be younger than 18 years at the time of application. Family members have free access to the labor market and are allowed to work as an entrepreneur.

Mobility

Employees with an ICT permit are eligible to apply for ICT mobility: the transfer to any other entity in an EU member state other than the state that provided the ICT permit. ICT mobility is available for short and long term stay.

In case the period of transfer to the Netherlands exceeds the duration of the initial EU ICT permit, the application is assessed in full, including the requirements listed below.

The application

The application is submitted with the Immigration and Naturalization Authority (IND). A decision should be taken in 90 days.

Government filing fees for an EU ICT application can be found here

The national programs

When the EU ICT program was announced, the Dutch government declared that the current national ICT programs –the highly skilled migrant program and the combined permit for residence and corporate labor- continue to exist. Applications that do not fall within the scope of the EU ICT program can be submitted under these national programs.

For more information about intra corporate transfers, please contact Marcel Reurs or Bram van Melle.