Immigration update Netherlands: Stricter requirements EU ICT Directive for non-recognized sponsors

The European Directive 2014/66/EU for Intra Corporate Transferees came into force on 15 May 2014. Since 29 November 2016, this Directive has been implemented into national Dutch law. 

Under this immigration category,  foreign nationals can be temporary transferred from companies outside the EU to a branch of the company in the Netherlands.

The basic conditions of the Dutch implementation of the EU ICT Directive and to whom it applies are listed here:

  • The employee resides in a country outside the European Union (EU) at the time of application or resides in an EU Member State on the basis of an intra-corporate transferee residence permit (mobile ICT).
  • The employee will work in the Netherlands as a manager, specialist or trainee.
  • The employee is transferred within the same company to an establishment in the Netherlands.
  • The employee has been working for the company outside the EU for at least 3 months.
  • The employee has a valid work contract with the company outside the EU or has an assignment letter from the employer.
  • The employee’s salary is in line with the market. This is the case if it meets the salary criterion for highly qualified third-country workers. Find out the salary criterion for highly qualified third-country workers.

These employees may receive an EU ICT permit, that is issued for a maximum of three years for managers and specialists, and for a maximum of one year for trainees.

What has changed since 1 October 2021?
In order to apply for the EU ICT permit, basic documents such as a copy of the employee’s passport, the resume, an assignment letter, and the Antecedents Certificate will be required.
For recognized sponsors the document requirements remain the same as previously. However, since 1 October 2021 there are stricter document requirements in place for Dutch host entities that are not a recognized sponsor with the IND.

Non-recognized sponsors must now also provide the following documents to the application, in order to demonstrate that actual economic activity is taking place:

  • Proof of registration with the Chamber of Commerce (Kamer van Koophandel).
  • Proof of own address where the economic activities are done. For example, lease contract or purchase deed. A P.O. Box is not proof of own address.
  • Declaration of payment activity as described in article 1 or the Leidraad Invordering 2008. This declaration is no older than 3 months on the date of application.
  • A payroll summary showing that at least 1 employee is already employed full-time by the company before the intra corporate transferee comes to the Netherlands. The payroll summary has been anonymized. This means that the personal details and identity of employees have been made illegible.

Expat Management Group provides step-by-step guidance and detailed information about the exact document requirements
during the process and provides tailor-made advice if an application under this scheme is feasible. 

Can we help you?

Contact us at the nearest Expat Management Group office or submit a contactform.

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