The Intra Corporate Transferees Directive (ICT)
The ICT Directive is specifically for managers, specialists, or trainees from a non-European branch who are transferred within the organization to the Netherlands. This Intra Corporate Transferees regulation makes it possible to perform work in the Netherlands with a continuous employment contract with the non-European organization.
Based on this directive, employees, managers, specialists, and trainees can be transferred within the international company to the Dutch entity. They work and reside in the Netherlands with a Combined Residence and Work Permit (GVVA), the so-called ICT permit.
To be eligible for the ICT permit, the employment contract between the employee and the non-European company must remain in force. 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 for a Highly Skilled Migrant visa or EU Blue Card.
However, there are several conditions to be met in order to be eligible for the ICT permit, including:
- 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.
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 Keep in mind that the change in permit category the maximum duration of 3 years is no longer applicable.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.
Prefer to be taken care of in this process, so you can focus on what you do best?
We have the expertise regarding residence and work permits. We are happy to assist you, so that everything is well taken care of.
Contact us at: info@globalRcompass or +31 6 823 80 801.