Intra-company transfer (ICT)

Selection of the right program is not only up to the employer as certain transfers can only be submitted under one specific program. In some cases, an application under the wrong program can lead to a rejection of the transfer.

The EU ICT program is prioritized in favor of the national ICT scheme and the highly skilled migrant program. In practice, this means that an application for an EU ICT permit will first and only be assessed against the criteria of the EU ICT program. If such application does not fall within the scope of this program or does not meet the conditions of the Directive, it will be rejected.

On the other hand, if the adjudicators find that an application for a national ICT work permit or a highly skilled migrant permit falls within the scope of the EU ICT program, the application will be assessed under the terms and conditions of the ICT Directive and if found compliant, an EU ICT permit will be granted instead. In this way, the Netherlands gives priority to the EU ICT program as it should, but at the same time has saved its national programs for transfers out of the scope of the Directive.

Because the procedural frame of the programs leaves little space for error, it is important to be well informed of the options and implications of these programs and to seek expert advice and assistance of an immigration lawyer when in doubt.

Employers who want to transfer American or Japanese employees to an establishment in the Netherlands may decide themselves whether they apply for an ICT permit or a highly skilled migrant permit.

A corporate group is defined differently from the definition in the Dutch regulation for application of the Foreign Nationals Employment Act (WAV); a minimum annual turnover of 50 million euros is not mentioned. According to the Directive, a corporate group consists of two or more companies that are linked by:

• holding the majority of the issued capital
• possessing the majority of the shares
• appointing more than half the members of the administrative, management or supervisory body, or
• being managed by the parent company

A manager is a senior staff member who supervises the host entity, overseen by the board of directors, shareholders, or such persons, with the following tasks:

• supervising the host entity or one of the subsidiaries
• overseeing and monitoring senior staff
• implementation of human resources

A specialist is an employee who possesses specialized knowledge that is essential for the activity, the applied techniques, or the management of the host entity. This may involve:

• specific (technical) knowledge
• specific qualifications (professional experience)
• having an accredited profession

A trainee has a master’s degree and is transferred to an entity for the purpose of career development or training in business techniques or methods under the following circumstances:

• there is a trainee contract
• salary is paid during the transfer
• the transferee is being prepared for a future position with the company

Short term mobility covers a period of at most 90 days within 180 days. The main residence remains in the member state that provided the permit. In the Netherlands, this short-term stay must be notified to the Employee Insurance Agency (UWV). Work can start right away.

Long term mobility covers a term of more than 90 days within 180 days. This type of mobility requires an additional, light version of the EU ICT permit. Duration of employment, job requirements and trainee contract are not assessed again. Work can start right away. Also, the applicant does not require an entry clearance visa (MVV) to enter the Netherlands.

To be granted an ICT-permit, the following general conditions must be met:

• the foreign national is a manager, specialist, or trainee
• the foreign national is qualified at a university or undergraduate level
• professions that appear on the list of regulated professions published by the Netherlands, such as pharmacist, architect or doctor must have accredited foreign qualifications
• the foreign national has been employed by the company for at least 3 months
• the foreign national possesses a valid employment or trainee contract with an employer outside of the EU or an assignment letter from an employer
• the foreign national has as principal residence outside the Netherlands at the time of application
• the foreign national has not resided in the Netherlands based on the ICT-Directive in the last 6 months
• the foreign national returns to a corporate group outside the EU after the transfer period expires
• the salary meets statutory minimum wage and vacation pay requirements
• the salary meets the industry benchmark considering position, age, expertise, and experience
• the host entity and sending entity belong to the same corporate group
• the host entity is not established for the purpose to facilitate entry into the EU
• the transferee spends the longest time in the Netherlands
• the host entity has not been previously sanctioned for undeclared work or illegal employment
• the host entity conducts economic activities; secondment of company employees in the Netherlands is allowed as a core economic activity of the entity
• there is no reason to reject the application because it does not meet the general admission requirements of the Aliens Act; art.16 Vw.

• Antecedents Certificate, copy of passport and direct debit
• Assignment letter for ICT transfer (including time frame, position, salary, terms for employment and intention to return

or

• Trainee contract

In case of doubt, the UWV (Employee Insurance Agency) assesses industry benchmark compliancy of the ICT-salary.

• an employment contract
• CV with copies of diplomas and certificates; in case of doubt, they must be certified and/or legalized
• in case of a regulated profession: certificate of acknowledgement
• a completed and signed appendix ‘Sponsor Declaration’

Applications for regular applicants are always assessed by the UWV.