If you want to put personnel from abroad to work in the Netherlands, you need to make sure you have the correct permits.
This article tells you when a work permit is mandatory, and our experts discuss three special work permits:
residence permits for highly skilled migrants (also known as knowledge migrants);
residence permits for intra-corporate transferees (ICTs);
EU Blue Cards.
When is a work permit mandatory?
Employees from countries in the European Economic Area (EEA) and Switzerland are entitled to live and work in the Netherlands without a residence or work permit. Employees from outside the EEA and Switzerland in principle require a permit to be able to live and work in the Netherlands.
Please note: these permit requirements also apply to employees from the United Kingdom!
The type of permit required depends on how long the employee will stay in the Netherlands. For a period of under 90 days, a work permit (TWV) is required. If the employee will be working and living in the Netherlands for longer than 90 days, then a combined permit for residence and work (GVVA) is needed, unless there is another permit option. Such options include a residence permit for highly skilled migrants, a residence permit for intra-corporate transferees or an EU Blue Card. We will explain these special permits below.
Residence permit for highly skilled migrants
To obtain a residence permit with the purpose of stay ‘Work as a highly skilled migrant’, the employer must be a ‘recognised sponsor’, unless the employee holds Turkish nationality.
The employer must meet the following terms and conditions to become a recognised sponsor. The organisation:
is registered in the Dutch Chamber of Commerce;
possesses sufficient guarantees for its continuity and solvency;
is not bankrupt and has not been granted a suspension of payment;
is reliable, including its directors and other legal entities involved;
complies with the code of conduct applicable to the organisation.
In addition, as a recognised sponsor the employer will need to comply with a number of obligations. For instance, the recognised sponsor must provide the foreign employees with correct information on obligations in the Netherlands, ensure that they have good accommodation and that the documents of the foreign employees are in order and retained by the recognised sponsor.
To be eligible for a residence permit as a highly skilled migrant, an employer must also pay the employee remuneration that meets the salary criteria given below. The salary must be in line with market practices, laid down in a contract and paid monthly.
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Residence permits for highly skilled migrants can be issued for a maximum period of five years. The permit may subsequently be extended.
Residence permit for intra-corporate transferee (ICT)
If an employee from outside the EEA and Switzerland is transferred to a branch of the same company in the Netherlands for a period of longer than 90 days, this employee may be eligible for an ICT (intra-corporate transferee) residence permit. The employee must either have a managerial function, or be a specialist or trainee. The employee must also have a valid employment contract with the company outside the EU. The transfer needs to be set out in an assignment letter as well. The assignment letter should state the following: the transfer, job title, salary and confirmation that the employee will return to their job at the company outside the EU after the transfer. Finally, the salary must be in line with market practices and meet the above-mentioned salary criteria for highly skilled migrants.
The ICT residence permit can be issued for a maximum period of three years and cannot be extended.
EU Blue Cards
Highly educated employees are permitted to work in the Netherlands with an EU Blue Card. The employer does not need to be a recognised sponsor for employees to be eligible. However, the employees must be highly educated (at least bachelor’s degree level) and their employment contract must be valid for a minimum of a further six months. A salary criterion applies here too: a minimum monthly salary (excluding holiday allowance) of € 6,245 (2024).
The residence permit is valid for three months longer than the employment contract and may be issued for a maximum period of four years. The residence permit may subsequently be extended.
Make sure you know your obligations as an employer!
If you transfer personnel from abroad to the Netherlands, make sure you have a clear picture of your obligations as an employer. Matters such as social security, labour law and wage tax may differ from domestic situations. There may also be special regulations that you can make use of, such as the 30% facility for employees from abroad with the kind of expertise which is scarce on the Dutch labour market.
If employees from outside the EEA and Switzerland are come to work for your Dutch company, it is mandatory for you as an employer that the correct permits are in place. Our experts would be happy to advise you on this matter.
Want to find out more about international employment and permits?
Our Global Mobility specialists can help you map important aspects of labour law and administrative obligations. You can also turn to us for work and residence permits, national and international coordination of your HR matters and payrolling.
Contact
If you have any questions or would like to learn more about our services, please don’t hesitate to contact us!
The legislation and regulations in this area may be subject to change. We recommend that you discuss the potential impact of this with your Baker Tilly advisor.
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