New rules for admission to and residence in the EU for non-European employees transferred to the European branch of their employer! Which regulations apply?
Employees who are not nationals of an EU-Member State and are transferred to a European branch of the company must apply for a residence permit in the EU-Member State they are transferred to. Under what conditions will they be admitted to an EU-Member State? How long can they stay there? And are they tied to one Member State or are they allowed, just like EU-citizens, to move freely within the EU?
Employees transferred for a specified period as managers, specialists or trainees to the European branch of their employer must apply for a permit for “intra-corporate transferees”. This permit will only be granted if an expat meets a number of conditions. These conditions are meant to prevent unfair competition and to warrant that only expats are admitted who will add value to the knowledge-based economy of the EU.
Expats may be entitled to this permit in the Netherlands if they:
Executive staff and specialists from third countries can be transferred for a maximum period of three years. A maximum period of one year applies to trainees.
If the period established for the transfer or the maximum period has expired, the expat must leave the territory of the European Union, unless a residence permit was obtained in a different way. This may be the case if the expat has meanwhile married an EU-citizen.
Expats with an intra-corporate transferee permit are not restricted to stay in the Member State that has issued the permit. They can also stay in other Member States and work for the same company in these Member States. However, the stay will be limited to 90 days within a period of 180 days per Member State.
If the employee intends to stay for more 90 days in a different Member State, this Member State may decide:
Would you like to learn more about regulations for expats in the Netherlands? We can advise you on the admission of your employees to the Netherlands. From monitoring deadlines to communication with the Immigration and Naturalisation Service (IND), we will gladly assist you during the entire process. Please contact us:
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