Effective 29 November 2016 the Netherlands implements the Directive of the European Union regulating the entry and residence of non-EU nationals transfered within a multinational company. The Netherlands is one of the 26 member states of the European Union that has approved Directive 2014/66/EC of 15 May 2014. The Directive stipulates which conditions member states may pose to the residence of non-EU migrants in the framework of an intra-corporate transfer, or ICT.
These are the main points of the Directive:
- A European standard ICT permit for up to 3 years
- Mobility in the EU during the transfer: for more and less than 90 days
- National industry bench mark salaries are a permit condition
- Free national labor market access for dependents
The Dutch implementation of the Directive impacts on expats, their families and their employer in the Netherlands and abroad. The Directive introduces new conditions, but also new and better solutions to mobilize highly educated staff within Europe.
The member states must communicate the text of their measures to the European Commission in Brussels, ultimately by 29 November 2016. In the Netherlands, failing timely implementation into national law, the articles of the ICT directive conferring rights to applicants may by then have a direct and binding effect.
The Dutch ICT legislation will be published in the Netherlands Gazette within the next few days.
The main conditions of an ICT application are:
- ICT statement;
declaring and providing evidence that the transfer is in-group;
declaring and providing evidence of the qualifying minimum job record with sending company (3-12 uninterrupted months for managers and specialist, 3-6 uninterrupted months for trainees). These details are still to be published by the Netherlands. We expect that the Dutch administration will opt for the lowest threshold in both categories.
- Work contract and/or assignment letter in evidence;
that the transferee is taking a position as manager, specialist or trainee;
of the duration of the transfer(s), the work location(s) with the host entity or host entities;
of all terms and conditions of the ICT employment including the remuneration (compensation package)
- ICT salaries must comply with the Dutch benchmark of the concerned industry. Currently the executive authorities IND and UWV apply the monthly salary thresholds for highly skilled migrants to ICT applicants.
- Updated resume, including the professional qualifications and experience as manager and specialist
- Master degree for trainees
- Documents may have to be certified, translated and/or legalized upon discretion of the Dutch permit authority; we expect that the Netherlands will continue the existing policy, which is to require certification and legalization where degrees or diplomas cannot be accepted on first sight
- In case of exercising a regulated profession: certified and legalized documentation of admission to the profession in the Netherlands
- Health insurance covering all risks in the Netherlands and other member states involved during the assignment
New for spouse, partner and children2
Spouse and minor children (under the age of 18) obtain a residence permit to stay with the transferee for the duration of the permitted assignment. Their right of stay includes free labor market access to employment. The free access includes engaging in self-employed activities without first obtaining a separate work authorization or permit.
Until 29 November 2016, spouse, partner and children need work permits that have been assessed for the non-availability of candidates with EU/EEA priority as agreed per Dutch law.
For more information about intra-corporate transfers of non-EU nationals, please contact Marcel Reurs.