Intra Corporate Transferees

Updated on Tuesday 06th June 2017

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Intra corporate transfer in the Netherlands is a system designed to allow an employee to work temporarily in a different office, usually in another country. The Dutch authorities have recently implemented new regulations for the implementation of the EU directive for temporary intra-company transfers (ICT Directive). Our immigration specialists in the Netherlands can give you detailed information about the provisions of this European directive for intra corporate transferees.
 

Provisions of the Directive for intra corporate transfers


This European Directive entered into force in November 29th 2016 and limits the duration of secondments into the Netherlands from non-EU member states. Specialists and managers have a three year limit and trainees a one year limit to enter the Netherlands. Highly skilled migrants who already have a job in the Netherlands are not affected by the provisions of this Directive. This legal initiative applies in certain conditions:

• If a transferee does not have the nationality of a EU member state;
• The transferee is a manager, specialist or a trainee;
• The transferee is relocated within an international group of companies;
• The transferee has a valid employment contract with a legal entity outside the EU which belongs to the group.
This Directive has precedence over the Dutch immigration law and should be taken into consideration by any migrant who wants to settle and work in the Netherlands.
Just like any Dutch immigration lawyer, one of our consultants can explain to you how this Directive affects your relocating to the Netherlands.
 

Conditions for intra corporate transfers


Certain categories of assignees do not fall under the provisions of this Directive. Immigrants to the Netherlands from outside the EU and have duration of stay limited to 90 days. They are eligible for a short term work permit in the Netherlands and intra corporate transfer. This work permit is called ``intra corporate transferee permit`` and entails the fulfilling of several conditions:
•    The transferee has been employed for at least three months by the foreign entity before being transferred;
•    A salary according to the Dutch market standards;
•    The transferee resides outside the Netherlands at the time of transfer application;
•    The transferee has not entered the EU during the last six months under the ICT directive.

Please contact our team of advisors in immigration in the Netherlands if you want detailed information about the conditions for intra corporate transfers.

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