Immigration Planning
All foreign nationals, with the exception of EU, Swiss and Norwegian nationals, require work authorization to undertake working activities in the Netherlands. The Netherlands offers various immigration options.
The Netherlands offers various immigration options such as:
– The highly skilled migrant or knowledge migrant route;
– The EU Blue Card;
– Intra company transfer;
– Self-employment (i.a. via the US DAFT and the Japanese Treaty)
– European Union Service Provision Emploment (Van der Elst)
Migrantic is (through our network) able to assist in choosing the appropriate immigration option for your employees.
Highly Skilled Migrant
This Dutch immigration policy encourages the knowledge economy by allowing companies to recruit highly skilled migrants and apply for combined residence- and work authorisation in an expedited procedure. The employee must obtain a local contract for at least four months.
A guaranteed gross monthly salary is required (holiday allowance not included), the level depending on the age of the employee. Reimbursement of expenses and allowances may be included provided they are specified and guaranteed in a contract, are paid out on a monthly basis and transferred to a bank account in name of the employee.
To have access to the Highly Skilled Migrant program, the Dutch company must be registered as a recognised sponsor with the Dutch Immigration Service (IND) by entering into a standard contract.
EU Blue Card
The EU Blue Card facilitates the entry of highly skilled migrants within the EU and aims to support and allow for better working possibilities in other EU countries.
The EU Blue Card is a combined residence permit with work authorisation. The applicants need to have an employment agreement for at least one year and must receive a minimum gross monthly salary. Academic qualifications, professional certificates and expertise are required for approval.
To have access to the EU Blue Card program, the Dutch company does not need to be registered as a recognised sponsor with the Dutch Immigration Service (IND). Recognised sponsors however do benefit from an expedited processing time.
Intracompany Transfer
Employees being transferred within a foreign group of companies to the Netherlands on a temporary assignment, can do so under the intracompany transfer procedure.
EU Directive 2014/66/EU sets out the conditions of entry and residence of third-country nationals (non-EU) under the intra-company (corporate) transfer (ICT permit). The transferee must be employed by the sending group company outside the EU for at least three months and must remain employed with this entity during the transfer.
The ICT permit issued in the Netherlands allows for work possibilities in other EU Member States by assigning the transferee from the first Member State to work in second/third Member States without having to go through a national work authorisation procedure for all EU countries eparately.
Self-employment
Foreign nationals, wishing to work independently (Self-employment) in the Netherlands, will receive a residence permit provided that their business is of an added value and interest to the Dutch knowledge economy. A point system determines whether the residence permit will be issued and consists of different categories.
Because of the friendship treaties, such as the important Dutch American Friendship Treaty (DAFT), American and Japanese nationals may obtain a residence permit by establishing a company in the Netherlands without having to demonstrate that their business serves a Dutch interest and has an added value to the Dutch economy
European Union Service Provision Employment
Under the Court ruling “Van der Elst”, the free movement of services within the European Union allows companies, registered in one of the EU members states, to send their non-EU employee on a temporary secondment to work in the Netherlands for a limited period of time.
A work permit is not required, the activities do need to be notified to the UWV (Uitvoeringsinstituut Werknemersverzekeringen – the Dutch Public Employment Service) prior to undertaking the activities in the Netherlands. Limited conditions are applicable.
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