Intra-company Transfer

A Dutch company has different options to request a work permit for an employee of a foreign subsidiary transferring to the Netherlands.

The three different options available to Dutch companies for intra-company transfers are:

• the European Intra-company Transfer (ICT) Directive
• the Dutch ICT program
• the Highly Skilled Migrant Program.

European ICT Directive

The Netherlands implemented the Directive on the conditions of entry and residence of third-country nationals in the context of a transfer within an enterprise (Directive 2014/66 / EU) in 2016.

The directive has been implemented in 24 European member states (with the exception of Ireland and Denmark) and harmonizes the regulations for the transfer of employees.

Requirements ICT Directive

The ICT Directive applies to employees:

• Who do not have the nationality of one of the EU Member States;
• Who have their main residence outside the EU at the time of the application;
• Who are a manager, specialist or trainee and also possessing the necessary qualifications;
• Who at the time of application have an employment contract with a group company based outside the EU for at least 3 months; and
• Who are temporarily transferred to a group company within the EU.

For managers and specialists, having a Bachelor’s degree is sufficient. Trainees must have at least a Master’s degree.

IND also looks at the gross monthly salary of the employee who is transferred to the Netherlands. Their wage must be in line with the market, and the required wage for the Highly Skilled Migrant Program is used as a reference point.

The Dutch branch company is not required to be approved by the Immigration and Naturalization Service (IND) as a recognized sponsor.

If the transfer falls within the scope of the ICT Directive, the highly skilled migrant scheme or the national ICT program cannot be used.

The IND can grant a single permit (GVVA) for a maximum of 3 years for managers and specialists. The single permit for trainees is valid for a maximum of 1 year.

Group of Undertakings - definition

A group of undertakings for the purpose of the ICT Directive means: Two or more undertakings recognized as linked under national law in one of the following ways:

When an undertaking, in relation to another undertaking, directly or indirectly:

• holds a majority of that undertaking's subscribed capital,
• controls a majority of the votes attached to that undertaking's issued share capital,
• can appoint more than half of the members of that undertaking's administrative, management or supervisory body, or,
• when the undertakings operate under the central supervision of the parent company.

A group of undertakings meet the definition if at least one of the above structures is present.