Based on this directive, employees, managers, specialists and trainees are transferred within the group to the Dutch entity to work and stay in the Netherlands with a combined residence and work permit (GVVA) the so-called ICT permit.
In order to be eligible for the ICT permit, the employment contract between the employee and the company must remain in place outside the European Union. There can be no Dutch employment contract and it is also not allowed to enter into an employment contract with the Dutch entity. If the ICT regulations apply, it is not possible to apply a Highly Skilled Migrant visa or EU blue card.
However, there are a few conditions for eligibility, or example such as
- Prior to the transfer, there needs to be an employment contract in place with the company entity outside the European Union for at least 3 months
- The ICT license is valid for the duration of the assignment with a maximum of 3 years and 1 year for interns. However, it is not possible to renew a new ICT license after the maximum period, only after a 6-month break outside the EU a new request can be made
- In order to be eligible, the salary must be competitive
- The “intra corporate transferees” (ICT license) is a single license that only allows work agreed in the contract to work; with the ICT permit, other work is not allowed.
With the exception of Denmark/UK/Ireland, the permit allows mobility between EU Member States.
A change in the validity of the ICT license to another permit category, for a Highly Skilled migrant visa of EU blue card is possible. Keep in mind that the change in permit category the maximum duration of 3 years is no longer applicable.
If an application for a residence permit for ‘Highly Skilled Migrant’ is submitted, an official check will be carried out by the IND on the basis of the conditions of the directive. A license as a Highly Skilled Migrant will not be issued if an employee falls under the scope of the Directive.
You don’t have to find out where your possibilities are, when Global Relocation Compass has it already figured out and has the expertise. We are happy to assist in getting it clear and done…