Netherlands Relocation: New Intra-Corporate Transfer Permit
Posted by: Morgan Beaumont, Director, Client Services Netherlands
As Director, Client Services, Netherlands, based in Amsterdam, I know that new relocation issues can sometimes come with a whole set of unique challenges for organisations and their international assignees. Our latest Cartus Mobility Insights takes a look at a new Intra-Corporate Transfer (ICT) immigration procedure introduced in the Netherlands, and explains who is impacted.
Introduced on 29 November 2016, the permit is available to foreign nationals from a company outside of the European Union (EU) relocating to a company in the Netherlands, in the same corporate group. It’s available to managers, specialists, and trainees who are non-EU nationals and are going on an international assignment for more than 90 days. Previously, these individuals would have applied for a Highly Skilled Migrant permit. Whilst the new ICT takes the same time to process as the Highly Skilled Migrant permit, there are some impacts on corporate relocation.
Impact on Relocation
For organisations, the new immigration procedure aims to improve the relocation of highly skilled non-EU nationals into, and around, the EU. For assignees, the ICT benefits those who wish to continue to be employed by their home country.
One disadvantage is that, unlike the Highly Skilled Migrant permit, the period of stay in the Netherlands for ICT assignees does not qualify to permanent residence. This hinders those planning to permanently stay in the country. However, a Highly Skilled Migrant permit is only applicable for assignees on a local employment contract in the Netherlands.
New Intra-Corporate Transfer Requirements Outlined
- Permit holders must have relocated to a company in the Netherlands that is within the same corporate group as their employer (and their employer must be based outside of the EU).
- Assignees must have worked for the company relocating them for at least three months prior to the transfer. At the time of applying for the ICT, they must also have a main residence outside of the Netherlands.
- Managers and specialists require a Bachelor’s or Master’s degree or five years’ experience at that level, and may use an ICT permit for a maximum of three years. Trainees must have a Master’s degree and can use the permit for a year.
- The assignee’s partner and children may obtain a residence permit to stay with the assignee for the duration of the assignment.
This new ICT permit does not impact those assignees who already have a Highly Skilled Migrant residence permit, or any foreign national hire or assignee employed on a Dutch local employment contract.
Recommendations for Long-Term Moves
As the ICT permit is issued for a maximum of three years to managers and specialists, we recommend that organisations relocating employees for more than three years consider transferring them onto a local employment contract with the Dutch company. Those using an ICT permit for the full three year term are required to remain outside of the EU for six months before applying again.