Applying for an Intra Company Transfer Card (ICT) for the Netherlands

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

What is the Intra Company Transfer (ICT) card for the Netherlands?

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.

Am I Eligible for an ICT Permit for the Netherlands?

In order for a member of staff to be transferred to the Netherlands under the ICT scheme, the following criteria must be met:

• The worker must be residing in a country outside the European Union (EU) at the time of application or residing in an EU Member State under the intra-corporate transferee residence permit (mobile ICT) scheme.
• The worker being transferred must have an employment contract with the sending organisation (i.e., the organisation outside the EU). The contract must have been in place for at least three months prior to the start of the intra-corporate transfer. The contract must also be valid for the whole duration of the transfer.
• The applicant must have an assignment letter showing the intended place of work, job description, role, working hours, and salary.
• The transferee must be working in the EU with an entity of the same undertaking or group of undertakings as their employer.
• The transfer must be for more than 90 days
• The transferee must be planning to work for the host business in the Netherlands as a manager, specialist or trainee.
• The transferee must be able to provide evidence of the professional qualifications needed to undertake the role in the Netherlands/EU.
• The transferee must intend to continue to work for their current employer after the transfer has come to an end

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.

Can My Family Members Join Me in the Netherlands?

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”.

How Do I Apply for an ICT Permit for the Netherlands?

There are three main steps:

• The business entity (i.e., the host) must notify the Uitvoeringsinstituut Werknemersverzekeringen (Employee Insurance Agency – UWV) that an existing employee (within the same group of companies) is coming to work in the Netherlands on a temporary basis. They will need to complete the UWV notification form on the IND website.
• Apply for an MVV for the ICT transferee – the MVV is a provisional residence permit which means “machtiging tot voorlopig verblijf” in Dutch. With an MVV, your worker will be able to travel to the Netherlands. Application forms can be found on the IND website here.
• ICT transferees require a long-term residence permit and a work permit (tewerkstellingsvergunning or TWV) while in the Netherlands. These are applied for together as a single permit (this is a GVVA). IND states they will “assess the application. For the work permit, the IND will request advice from the Employee Insurance Agency (UWV)”.

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)”.

How Much Does It Cost for an ICT Permit in the Netherlands?

The cost of the ICT permit is €320, and this is paid for by the employer.

How Long Will It Take to Receive a Decision on My ICT Application in the Netherlands?

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).

How Long Is the GVVA Initially Valid For?

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.