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Implications of the ICT directive for businesses

Very important: the implementation of the ICT directive on 29 November 2016, has some serieus implications for businesses. The ICT directive should make immigration of non EU citizens to or within the EU easier. However, there are some issues that require some attention.

ICT directive and employees who have recently signed a contract

First issue: The employee’s labour contract with the foreign entity must run longer than three months. Employees who recently signed a labour contract, have to wait before they can start the assignement in the Netherlands. Henceforth, the highly skilled migrant procedure is no longer available for employees who will remain on the foreign payroll. Companies that recruit people abroad and immediately wish to assign them to a project in the Netherlands, will not be able to do so if the employee will remain on the foreign payroll. A faster immigration procedure is only possible if the employee has a signed local contract with the Dutch entity.

ICT directive and projects that will run for > 3 years

Second issue: The ICT permit is only valid for 3 years (1 year for trainees). And only when the employee has lived outside the EU for a minimum period 0f 6 months, you can apply for a new permit.  In case your company has a project that will last longer than 3 years, the employee can only stay on the project if a local contract is signed. With a local signed labour contract, the employee may be entitled for the highly skilled migrant procedure. Of course, assuming that they meet the necessary requirements.

After arrival

Third issue: The employee can only start working after they have collected their physical residence permit at the IND. A declaration in the employee’s passport is not sufficient! This is in contrast with the Highly Skilled Migrant permit.

More information about the ICT directive can be found on the Dutch immigration authorities’ site.

If you want more information about how Settle Service can be of any help to you with this process, please take a look at our Approach & Services.