EU service providers who wish to provide cross border services and who are established in an EU country, can temporarily bring workers from outside the EU (so-called third country nationals) to the Netherlands to work for companies in the Netherlands without requiring a work permit (cross-border services). It is a corollary of the freedom of services enshrined in the EU treaty. The idea behind this is that people and therefore companies within the EU (EU service providers) should be able to provide services to individuals and businesses in one of the other EU Member States with no restrictions. This is called EU cross-border services for EU service providers.
To obtain a residence permit for the purpose of EU cross border services the following conditions need to be met:
- the employer / EU service provider is based outside the Netherlands but in an EU country, and is not a mailbox company;
- the work must be notified prior to the UWV.
If the above conditions are met, the employee may be granted a temporary residence permit for the purpose of cross border services for an EU service provider. The work can be either for shorter than three months, in which case a residence permit will not be needed, or for longer than three months, in which case a residence permit for labor will need to be obtained. In all situations the Dutch government requires for the cross border services that the Dutch labor authority (UWV) is notified prior to the commencing of the work.
If you have questions or need legal assistance in this, please contact us by phone (020-6161487) or email (email@example.com). We are happy to help!