Since late 2016 the so-called Intra Corporate Transfer (ICT) Directive EU 2014/66, entered into force, at least the Dutch regulations that are adapted to the directive will have entered into force. The purpose of the Intra Corporate Transfer Directive is to harmonise the admission regulations of the various EU Member States and to facilitate intra-EU mobility of key personnel and trainees of international corporations to promote the transfer of knowledge and expertise within the company.

The scheme covers employees who are not nationals of an EU Member States, who have an employment contract with company outside, living at the time of the application outside the EU and are temporarily transferred to one or more branches of the company in one or more EU Member States. This relates specifically to managers, specialists (so-called key personnel) and trainees of international corporate groups.

For the interpretation of the terms “manager” and “specialists” IND will look at the salary criteria for highly skilled migrants. An employee will (in principle) only be regarded as a specialist or manager if he / she earns a salary equivalent to that of a highly skilled migrant. As usual the IND will require that the salary offered is a reasonable salary. Obviously for manager an additional requirement will be that their position (also) entails that there is managing of several persons.

Unlike highly skilled migrants and Blue Card holders, the holder of an ICT residence permit may not exceed three years residence in the EU based on this permit. After three years, further extending of the ICT residence permit is not possible. Furthermore, the duration will (unlike highly skilled migrants and Blue card holders) not count towards the five years required for stay as a long-term resident of the EU.

An important advantage of the ICT permit is that it is easy for the employer to the transfer the employee (either temporarily or permanently) back and forth within the EU. For holders of the ICT residence permit for a stay of less than 90 days only a notification of the relevant national authorities is required to be allowed to stay there and work in the host country. For stays longer than 90 days the applicant must apply for a new Intra-corporate transfer permit in the second host state. However, during the processing of the application the employee may already start working.

When applying for the intra corporate residence permit recognized referees with have a significant advantage over non-accredited referees. Applications of recognized referees will in principle not submitted to the UWV (Dutch Labor Authority) for a so-called labor market opinion (an assessment of the reasonability of the offered salary). An application for recognized referee will, like the application of a highly skilled migrant, decided upon within two weeks, while applications a non-recognized referees can take up to three months.

Although the target group of the intra corporate transfer Directive largely overlaps with that of the national highly migrant scheme, the applicant for the permit in principle will not permitted choose between national Highly Skilled Migrants Scheme, or the ICT residence permit. If the applicant falls within the scope of the ICT residence permit, he / she may only apply for this residence permit.

More information about the Intra Corporate Transfer residence permit, please call (020-6161487) or email (info@altadvocaten.nl) us. We are happy to help!