Conditions
The residence permit for work in the context of an intra-corporate transfer is intended to transfer foreign employees of a company established outside the EU to a branch of that company in the Netherlands. The following conditions apply to this residence permit:
(1) Manager, specialist or trainee
The foreign employee must work as a manager, specialist or trainee.
(2) Previous transfer
The employee may not have been transferred to the Netherlands less than six months before the application.
(3) Three months of service
The foreign employee has been employed by the non-EU company for at least three months.
(4) Employment agreement
The foreign employee must have an employment agreement with the non-EU company.
(5) Qualifications and experience, or diploma
The foreign employee must have the qualifications and experience required as a manager or specialist, or hold a master's degree at the college or university level (and a trainee contract if he is to operate as a trainee).
(6) Recognition of professional qualifications
If the foreign employee is going to practise a regulated profession, he must have a recognition of professional qualifications.
(7) Legal minimum and market conformity
The terms of employment, employment relationships and conditions are at least at the level of the legal minimum and are in line with the market.
(8) Dutch branch
The employer or Dutch branch carries out an economic activity. The Dutch branch may not be established for the primary purpose of transferring persons.
(9) Main residence and longest stay
At the time of the transfer, the foreign employee's main residence is outside the EU. In addition, the Netherlands must be considered the Member State where the foreign employee has the longest overall residence during the transfer.
(10) No ground of rejection
There must be no grounds for rejection within the meaning of Article 16 (1) (a) to (g) of the Aliens Act.
(11) No sanction
The employer has not been sanctioned for violating Article 2 of the Foreign Nationals Employment Act (Wav) or for not or insufficiently paying income tax, employee insurance contributions or national insurance contributions in the period of maximum five years preceding the application.
Costs, decision period and validity
The residence permit must be applied for at the IND. The IND has three months to decide on the application. The IND charges € 345 for the application of the residence permit. The period of validity of the residence permit is three years for managers and specialists and one year for trainees.