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Change ICT permit after 3 years into highly skilled migrant permit: IND changes FAQ again

3 november 2020 The IND has published on 7 October 2020 a new edition of the FAQ on the Intra Corporate Transferee (ICT) Directive (2014/66/EU). The current interpretation in the FAQ of 7 October 2020 of the ICT-Directive is a relaxation of the previous point of view of IND in its FAQ of 11 May 2020. In the FAQ of 11 May 2020 the IND argued that a foreigner holding an ICT permit can only change the ICT permit after 3 years into a highly skilled migrant permit if the foreign national will enter into a local employment contract with the Dutch entity. In the FAQ of 7 October 2020 the IND now states again, as in their FAQ of 23 November 2017, that a foreigner holding an ICT-permit can after 3 years change the ICT permit into the highly skilled while remaining on foreign payroll. Below the FAQ is quoted:

Q: May the holder of an ICT residence permit get a highly skilled migrant permit after three years of residence, even if he keeps his labour contract with the employer outside the EU?

A: Yes, when the maximum period of residence on the grounds of the ICT Directive (this is 3 years for a manager or specialist and 1 year for a trainee-employee) has passed, the employee no longer falls within the scope of the Directive now that he has residence in the Netherlands at the moment of submitting the application. If he meets the conditions of the Highly Skilled Migrants’ Scheme and the Dutch part of the concern he is working for is recognised as a sponsor, he can apply for a highly skilled migrant residence permit. In that case, the IND will consider as evidence a statement from the employer abroad stating the duration of the transfer, the nature of the employment and the wages.

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