- November 18, 2016
- Posted by: FGI Alert Group
- Category: Firm News, Immigration Alerts, Netherlands
Effective November 29, 2016, the Intra Corporate Transfer Directive (2016/44/EU) will be implemented into the legislation of the national European Member States.
The Directive will implement the “intra-corporate transferee permit,” which will be available to mangers, specialists, and trainees. Use of the Knowledge Migrant Scheme will be replaced by this type of scheme, though will still be available to local hires and transferred employees under a Dutch employment contract.
The following applies to mangers, specialists, and trainees:
- Managers and specialists:
- Manager is described as a person holding a senior position who primarily directs the management of the host entity
- Specialist is described as a person working within the group of undertakings possessing specialized knowledge essential to the host entity’s areas of activity, techniques, or management.
- Must be employed for at least 3 months to a maximum of 12 months by the sending company
- Seconded for a maximum duration of 3 years
- Salary must be market level according to Dutch standard
- Trainee is describes as a person with a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods
- Must be employed for at least 3-6 months by the sending company before the foreign national can be transferred.
- Seconded for a maximum duration of 1 year
This intra-corporate transferee permit is not renewable. However, the foreign national may change to a different immigration scheme, if they meet the requirements. The permit will be granted for a duration longer than 90 days.
The foreign national must apply for the permit outside of the country, and must remain outside of the Netherlands until a decision is made upon the case. Processing time may take up to 90 days for unrecognized sponsors. However, EU Member States have a fast track option, with a processing time of 2-3 weeks for companies that are recognized sponsors.
Foreign nationals with the intra-corporate transferee permit may also work at an undertaking of the group established in another EU Member State for up to 90 days in a 180 day period. If the foreign national seeks to work over 90 days, they must apply for a Mobile ICT Permit at the Immigration and Naturalization Service.