Here, we will explain the purpose of the Intra Company Transfer (ICT) card for The Netherlands, the eligibility criteria, and the application process.
In our highly globalised world, being able to transfer staff within the same organisation or group of companies from one country to another is highly advantageous. Doing so enables multi-national businesses to move workers with expertise and senior management experience where they are most needed. If you plan to move staff within your organisation to work in the Netherlands, the intra-company transfer (ICT) (EU Directive 2014/66) scheme is likely to be your preferred immigration route. Here, we will explain the purposes of the Intra Company Transfer (ICT) scheme for the Netherlands, the eligibility criteria, and the application process
The ICT scheme is an EU-wide initiative (Directive 2014/66/EU) that enables businesses based outside of the EU to send senior and skilled staff, in addition to trainees, to work for an office of the same organisation in the Netherlands or any other EU country (with some exceptions). The ICT is used widely by multi-national organisations to facilitate the global mobility of their valued workers. Using the ICT scheme means that skilled and experienced staff can be relocated where they are needed from outside the EU to inside the EU. The scheme has been implemented in all of the EU Member States, with the exception of Denmark and Ireland.
If granted, an ICT residence card is valid for up to three years for managers and specialists and one year for trainees.
If you are planning to work in more than one EU nation during your transfer, you will require an ICT permit for the country in which you plan to spend the longest period of time working for your company.
In order for a member of staff to be transferred to the Netherlands under the ICT scheme, the following criteria must be met:
Note - the business entity in the Netherlands does not need to be an IND recognised sponsor. However, if you have been recognised as a sponsor by the IND, you will be able to send your ICT application using the online IND business portal.
If you are a non-EU/EEA national in the Netherlands on an Intra-Company Transfer (ICT) permit and you hold the temporary residence, then your spouse and children will be able to join you. IND states, “Family members may apply for a residence permit in order to stay with the employee for the duration of the transfer. During their stay, they will be free to work on the Dutch labour market”.
There are three main steps:
On arrival in the Netherlands, you will be able to collect your GVVA; this will state on the back “'Arbeid wegens overplaatsing binnen een onderneming en arbeid als zelfstandige toegestaan, andere arbeid toegestaan met TWV”, which translates into English as “Work based on intra-corporate transfer and self-employment permitted, other work permitted with TWV)”.
The cost of the ICT permit is €320, and this is paid for by the employer.
It should take no longer than 90 days to receive a decision on your ICT application for the Netherlands. Where the business entity in the Netherlands is a recognised sponsor, the IND will typically make a decision within two weeks (hence this is another benefit of becoming a recognised sponsor).
For managers and specialists working in the Netherlands as an ICT transferees, GVVAs are typically for up to three years. For ICT trainees, the residence permit is typically granted for up to one year. This cannot be further extended. On completion of the permitted period, ICT permit holders are required to leave the Netherlands and then wait for at least six months if they wish to apply for a new ICT permit. If you are unsure of the rules which apply when it comes to extensions, we recommend speaking to an immigration lawyer before your residence permit expires to ascertain your position and immigration options.
Reiss Edwards has the resources and expertise to assist with all aspects of Netherland Immigration. If you need assistance with your Intra Company Transfer Card application for Netherlands or any other immigration matter, feel free to contact our Immigration Solicitor for help.
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