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The intra-company transfer (ICT) is a way to submit a residence and work permit, the ‘ICT permit’. This procedure is specifically designed for multinational employees, keeping in mind their mobility in the EU. The ICT procedure facilitates a way for multinationals that have firms in the EU to transfer personnel to one of their other locations, for example a location in the Netherlands. Be aware that an employer can choose between the ICT procedure and the Highly Skilled Migrants Programme if they are planning on transferring American or Japanese employees to a location in the Netherlands.
The ICT permit is a combined residence and work permit, solely valid for the work within the boundaries of the transfer. The permit applies for a maximum of three years for managers and specialists, and a maximum of one year for ICT trainees. When the maximum duration has been reached, there will be a waiting period of six months before your employer can submit a new ICT application.
The ICT permit also grants the mobility of multinational employees in other EU member states. Herein, a distinction is made between short-term mobility (maximum of 90 days) and long-term mobility (minimum of 90 days), for which different rules apply.
To receive an ICT permit a lot of requirements have to be met regarding the profession, level of education, contract, pay and current living and working situation of the employee. The submission has to be submitted at the Dutch Immigration and Naturalization Service (IND) and a decision will be given within 90 days.
Family members of the multinational employee who will be transferred to a Dutch location are allowed to travel with the employee. Children have to be 18 years of age or younger at the time of submission of the ICT permit. Family members are not restricted from the labour market, contrary to the multinational employee.
Applying for an ICT permit is a complex procedure. Mistakes are easily made which may have grave consequences. It is recommended that you hire an immigration lawyer to ensure that your application is completed with the utmost care and precision.
This will be apparent from the price indications that you will receive from various lawyers. You may also be eligible for a government reimbursement that provides for the costs of legal aid. Do not hesitate to contact us if you need any advice, or simply visit www.lawspot.nl/en to register your case.
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