Temporary intracompany transfers
Employees working for a multinational which has offices in the Netherlands can work in the Netherlands via an intra-company transfer.
The European Intra Corporate Transferee Directive is implemented into the Dutch legislation. Based upon this directive managers, specialists and trainee employees can be transferred within the group to the entity established in the Netherlands. They are entitled to a work and residence permit (single permit) called ‘intra-corporate transferee permit’ (ICT-permit).
The permit is issued for a maximum duration of 3 years for managers and specialists and a maximum of 1 year for trainee employees. This permit is not renewable after 3 or 1 year.
It remains possible to switch during the validity of the ICT permit to a different permit category like highly skilled migrant visa or EU Blue Card. By switching from permit category the maximum duration of 3 years is no longer applicable.
To be eligible for the ICT-permit, the work contract between the transferee and the sending group company outside the European Union must remain in place. It is not allowed to enter into a work contract with the Dutch entity.
The transferee must be, prior to the secondment to the Netherlands, employed for at least a duration of 3 months.
Manager and specialists must earn at least a gross monthly salary of € 4,840 (exclusive 8% holiday allowance) or € 3,549 if the transferee is younger than 30 years of age. They must hold at least a Bachelor degree or have 5 years of previous relevant work experience. A trainee employee must hold at least a Master degree. The same salary threshold for trainee employees is applicable.
If the entity in the Netherlands is recognised as sponsor by the Dutch Immigration Service, the ICT-permit application will take 2 to 3 weeks. If this is not the case, the Dutch Immigration Service will request the Dutch Labour Office for advice whether the offered salary is market level. This procedure can take between 10 to 12 weeks.
Intra company transfers within the group company based upon Trade Treaties, like the WTO Agreements, remain possible besides the secondments based upon the ICT Directive.
Advantage of an intra company transfer based upon the WTO is that the entity in the Netherlands does not have to be recognised as sponsor, and that there is no salary threshold as such. The offered salary must be market level.
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