IMPACT – HIGH
What is the change? The Netherlands has passed a law implementing the EU Directive on Intra-Corporate Transfers that will change current procedures for multinational companies transferring employees to a Dutch office.
What does the change mean? A new immigration category will be created for ICTs, and the High-Skilled Migrant Program (HSMP) can no longer be used for ICTs who will remain an employee of the sending company.
B·A·L Analysis: The Dutch law on EU ICT work permits will change procedures for ICTs transferred to the Netherlands who are kept on the sending company’s payroll. In these cases – which fall under the scope of the ICT directive – the sending company is not free to apply under HSMP procedures. ICTs who are put on a Dutch payroll, however, may continue to apply under the HSMP. The new law provides greater mobility for ICTs who need to visit or work in additional EU countries during their assignments and provides the right to work for spouses and dependents under 21. ICTs do not accrue any rights towards permanent residence, as their years in the Netherlands are deemed of a temporary nature.
This alert has been provided by the BAL Global Practice group and our network provider located in the Netherlands. For additional information, please contact your BAL attorney.
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