The Intra Corporate Transferee (ICT) Directive permit is meant for non EU managers, specialists or trainees who will be transferred to the Netherlands on a temporary assignment, while remaining employed by a company outside of the EU.
We inform the employer and the employee about the required documents and will prepare and submit the immigration documents. We coordinate any necessary appointments at the immigration authorities. During the process, we keep all parties proactively informed.
Conditions of the Directive
- At the time of application and during the transfer you need to have an employment contract with a company outside the European Union for at least 3 months;
- The ICT permit will be valid as long as your assignment runs. A maximum duration of 3 years (1 year for trainees) applies;
- This permit enables mobility amongst the EU member states (except Denmark/UK/Ireland);
- Your salary has to be ‘market conform’ in order to be eligible for this procedure. Although there is no official salary standard for this most of the times the Highly Skilled Migrant (HSM) requirements are taken as basis;
- The permit for ‘intra corporate transferees’ (ICT permit) is a single permit. Work is permitted within the context of the transfer; a work permit will be required for other work;
- After expiry of the maximum period, a new ICT permit can only be obtained after a 6-month break. During these 6 months, the employee must reside outside the EU. Alternatively, you might be able to transfer the permit to a HSM permit.
If an employee from a group member from outside the EU now comes to the Netherlands to work here as a manager, specialist or trainee, this European Directive will prevail over Dutch residence schemes such as the highly skilled migrants scheme. This means that an application must be submitted for a residence permit for ‘intra corporate transferees’. Before 29 November 2016, this specific group was able to obtain a residence permit as a highly skilled migrant, for example. This is no longer possible after the introduction of the Directive.
If, however, an application is submitted for a residence permit for ‘highly skilled migrant’, there will be an official check by the IND against the conditions of the Directive. A permit as a highly skilled migrant will not be issued if the employee falls under the scope of the Directive.