Intra Corporate Transferees (Directive 2014/66/EU)

Intra Corporate Transferees in the meaning of the Directive 2014/66/EU work for a company established outside of the European Union and are transferred to a branch of this company in the Netherlands for a maximum time of 3 years. Within the framework of intra EU-mobility (subject to certain conditions) they can also be transferred to a branch of this company within another EU Member State, which has implemented the Directive (Denmark, the UK and Ireland do not participate).

 

Unlike in the highly migrant scheme, it is not obligatory for the employer to become a recognised sponsor. However recognition as a sponsor has a number of advantages.  Please check the IND website for more details.

 

When is this kind of residence permit applicable?

 

Besides the general conditions that apply to all foreign national applying for residence permits in the Netherlands, the employer and the transferee have to meet the following conditions:

 

  • Transferee cannot be a national of an EU/EAA or Switzerland.
  • At the moment of submitting the application, the main residence of the transferee is outside of the EU.
  • Transferee is working in management or as a specialist (so-called key personnel) or as a trainee.
  • Transferee will be transferred from a company outside the EU to a branch in the EU for at least 3 months.
  • Transferee has been employed with the company outside the EU for at least 3 months prior to being transferred.
  • Transferee has a valid employment contract with a company established outside the EU or an assignment letter from the employer.
  • The qualifications and experience of the transferee as a manager or specialist are needed in the branch to which the person is being transferred. A trainee-employee has to have a masters' diploma. Regulated professions have to have a proof of recognition of the professional quaifications.
  • Transferee has to earn a competitive salary comparable with the trends in the given sector. This is the salary criterion for working as a highly skilled migrant.
  • The branch of the company in the Netherlands has not been established to simplify the admission of transferred employees.
  • The Netherlands is the member state in which the transferee will reside most of the time.
  • Economic activity must exist between the company outside the EU and the branch in the Netherlands.
  • Transferee cannot reside in the Netherlands 6 months prior to the date of submitting the application for the residence permit.  
  • The employer or branch in the Netherlands cannot have been fined during the 5 years immediately before the application.
  • Transferee that is a trainee-employee must follow a trainee programme.  

 

Validity of the residence permit

 

The maximum validity is 3 years for managers and specialists and 1 year for trainee-employees.

The maximum validity includes the transfers between EU member states.

 

 Work permit

 

The resident permit card states 'Work permitted due to transfer within a company, other work permitted with a work permit [TWV]'. This means that the holder can work at a branch of the company in the Netherlands. For other work, the employer must first obtain a work permit (TWV).​

 

Intra EU Mobility

With this residence permit foreign national may apply for intra EU mobility. This allows a person to be transferred to a branch of the international concern located in another participating EU member state. This is possible for short term and long term.

 

Short term mobility

Short term mobility is possible for a stay of a maximum of 90 days within a period of 180 days. For short term mobility in the Netherlands the employer will have to notify UWV of the short stay. After the notification at UWV foreign national may directly start working.

 

Long term mobility

Long term mobility is possible for a stay of more than 90 days within a period of 180 days. Foreign national will need to have a residence permit for the Netherlands. After submitting the application a person may directly start working. A few conditions will not be checked again:

  • required duration of the employment (at least 3 months);
  • required qualifications and experience;
  • requirement of a trainee agreement (if you are a trainee-employee).

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