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Work and Residence Permit Introduction

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Presentation on theme: "Work and Residence Permit Introduction"— Presentation transcript:

1 Work and Residence Permit Introduction
Required permits Foreign nationals from outside the European Economic Area (EEA) and Switzerland, wishing to stay and work in the Netherlands for more than 90 days, must generally obtain three types of documents: a regular Provisional Residence Permit (MVV) prior to their departure for the Netherlands. An MVV entitles the holder to enter the Netherlands. An MVV is not required for nationals of Vatican City State, Japan, Canada, Australia, Monaco, South Korea, the Unites States of America and New Zealand. a Residence Permit; this entitles the holder to live in the Netherlands. a Work Permit (TWV) (which applies under certain conditions); this entitles the holder to work in the Netherlands. Residence Permit Foreign nationals coming to the Netherlands for a period of more than three months, can apply for a Residence Permit for e.g. one of the following purposes: to work as an intra-corporate transferee to work as a highly skilled migrant to stay as a holder of an EU Blue Card to work as a labor migrant to work as a self-employed person to start an innovative business to stay as a foreign investor Admission and Residence Procedure (TEV) For foreign nationals requiring an MVV to enter the Netherlands, a TEV procedure will be initiated. This means that the sponsor (the company interested in bringing a foreign national to the Netherlands), or the employee, applies for both an MVV and a Residence Permit simultaneously. Once the MVV has been issued, the Immigration and Naturalization Service (Immigratie- en Naturalisatiedienst or ‘IND’) will automatically grant the Residence Permit. Source: Netherlands Immigration and Naturalization Service (IND), 2017

2 Work and Residence Permit Introduction
Single Permit If a foreign national comes to the Netherlands to work as an employee, the employer will, in most cases, need to apply for a Single Permit. The Single Permit combines both the Residence Permit (TEV procedure included) issued by the IND, and the Work Permit issued by the Public Employment Service (UWV). Work Permit (Tewerkstellingsvergunning or ‘TWV’) The Single Permit does not apply to foreign nationals who come to the Netherlands to work for less than 90 days. These foreign nationals, or their employers, are still required to apply for a TWV with the UWV. Visit to the Netherlands not exceeding 90 days Foreign nationals from most non-EU/EEA countries are generally required to have a tourist- or a business visa for a temporary visit to the Netherlands. Whether a visa is required, or not, is dependent on the nationality of the applicant. Foreign nationals are only permitted to work during the short-stay visit if the employer has secured a Work Permit (TWV) for the employee, that has been issued by the UWV. No permit required Nationals of the EEA and Switzerland coming to the Netherlands to work, to study, or to stay as family members, do not require a visa or MVV to enter the Netherlands, nor do they need a Work Permit, or a Residence Permit, to be able to stay in the Netherlands. Source: Netherlands Immigration and Naturalization Service (IND), 2017

3 The Single Permit The Single Permit
In most cases an employer will need to apply for a Single Permit if a foreign national comes to the Netherlands to work as an employee. The Single Permit combines the residence permit and the work permit. The employer only has to apply for one permit, to one authority: the IND. The IND asks advice from the Netherlands Employees Insurance Agency (UWV) about the labur market aspect. The Single Permit consists of a residence document and an additional document. The additional document states for which employer the foreign national may work and under which conditions. Exception The Single Permit does not apply to third-country nationals (non-EU/EEA Member State nationals): who are seasonal workers; who are in the Netherlands for an orientation year, for highly educated persons; who are family members of Single Permit holders; who are in the Netherlands for less than 90 days (with a short stay visa) for the purpose of work; These third-country nationals still need a separate residence permit and/or work permit (TWV). The Netherlands has temporarily opted out for the full mobility of the workforce in respect of new EU member Croatia. This means that work permits for Croatian nationals are still required. Source: Netherlands Immigration and Naturalization Service (IND), 2017

4 The Highly Skilled Migrant Permit
Employers wishing to employ highly skilled migrants are only required to submit an application for Admission and Residence for the employee and his family at the IND. A Work Permit is not required. The application procedure will take approximately two-to-three weeks (provided that the application is complete and filled out correctly) after which a Residence Permit for highly skilled migrants will be granted for the duration of the intended employment, for a maximum of five years. In case of transfers, the national scheme for highly skilled migrants is only available if the transfer falls out of the scope of the ICT Directive. This may be the case for transferees who for the duration of their assignment are hired on the Dutch payroll of the receiving company. Definition A highly skilled migrant (‘kenniswerker’) is any foreign employee who comes to the Netherlands to work as an employee; and earns at least €4,324 gross per month; or earns at least €3,170 gross per month, if under thirty years old. These salary amounts are applicable for Income requirements are reviewed annually. Additional requirements Fixed allowances, for housing and a company car, may be added to the employee's base salary in order to comply with the aforementioned salary criteria. However, said allowances should be agreed upon in writing and paid in monthly installments. The salary must be realistic, in comparison with similar jobs within the applicable industry or sector. The aforementioned income requirements do not apply to scientific researchers and physicians in training to become specialists, or to people working for educational, or research institutions. The employee has an employment contract, or an appointment commitment. For an intra-company transfer, the employee must have an employer's declaration from the foreign employer. This declaration should include details of the duration of the transfer and type of employment, as well as the salary. Source: Netherlands Immigration and Naturalization Service (IND), 2017

5 The Highly Skilled Migrant Permit
Family members of highly skilled migrants The spouse, or partner, and young children, of the highly skilled migrant can apply for the Admission and Residence Procedure at the same time as the main applicant. Upon obtaining a Residence Permit, the spouse, or partner, of a highly skilled migrant, may work for any employer in the Netherlands without requiring a Work Permit. Students Undergraduate foreign students are not considered to be highly skilled migrants. In general, foreign students will be granted residence permits for the duration of their study. Where to apply for the Highly Skilled Migrant Permit? The signed and completed form (which can be downloaded from the IND website), together with all other required documents, must be sent to: Immigratie- en Naturalisatiedienst Postbus 245 7600 AE Almelo Source: Netherlands Immigration and Naturalization Service (IND), 2017

6 Intra Corporate Transferees
Based on the European Directive on Intra Corporate Transfer (ICT), employers in the Netherlands wishing to employ non-EU migrants in the framework of an intra-corporate transfer are required to apply for an ICT Permit. The ICT permit is a combined work and residence permit. Scope The ICT Directive covers managers, specialists (key personnel) and trainees who: are non-EU nationals have already been employed by a company resident outside the EU for at least three months are temporarily transferred, on market terms, to one or more undertakings of the company within the EU. If the non-EU national falls within the scope of the directive, a permit will be granted when the conditions of the Directive are met. The Directive does not apply to transferees under a local contract and in cases where the duration of stay is limited to 90 days. Conditions The salary must be in accordance with Dutch market standards. This will be the salary levels that are applicable for the highly skilled migrant program: €4,324 gross per month, or €3,170 gross per month if the employee is under 30 years old. Main residence has to be outside the Netherlands at the time of application Employee has not been in the EU during the last 6 months under the ICT Directive Host entity in the EU and entity outside the EU belongs to the same group Host entity in the EU is not established to facilitate easy admittance; it conducts economic activities Employee transfer to take place in the Netherlands most of the time Host entity has no fines/sanctions based on illegal employment No general ground for rejection Source: Netherlands Immigration and Naturalization Service (IND), 2017

7 Intra Corporate Transferees 2
Right to work The ICT Permit allows the transferee to work at a branch of the company in the Netherlands. If the transferee wants to do other work in the Netherlands, his/her employer must first obtain a work permit (TWV).​ Family members (including children up to 18 years) can join. Accompanying children must be younger than 18 years at the time of application. Family members have free access to the labor market and are permitted to work as a self-employed. The transferee can be assigned to successive work with other entities of the multinational company in second and third EU member states, without having to go through an extensive national authorization procedure. A distinction is made between ‘short-term mobility’ and ‘long-term mobility’. Short-term mobility is permitted for no more than 90 days within a 180-day period per Member State. It is not necessary to apply for a residence permit in the other Member State. In the Netherlands a notification must be submitted before the activities commence. Long-term mobility is longer than 90 days within a 180-day period and a second residence permit must be applied for in the other Member State. Several more flexible entry requirements apply in this case. While the application is still being processed by the authorities, the employment activities may begin. Duration The permit may be issued for a maximum of three years for key personnel and a maximum of one year for trainees. It is not possible to extend the stay in the EU by virtue of the Directive and the person is expected to leave the EU at that time. It is however possible to apply for a stay by virtue of other legislation. There is a six-month stand-down period before a new ICT permit can be applied for. Source: Netherlands Immigration and Naturalization Service (IND), 2017

8 Intra Corporate Transferees 3
Application For a recognized sponsor: estimated processing time of 2 weeks use of own statements assessment by UWV regarding market conformity only if in doubt For a non-recognized sponsor: legal decision term of 90 days submitting evidence on application assessment by UWV regarding market conformity The application is submitted with the IND. The application form can be downloaded via: (for recognized sponsors), or (for non-recognized sponsors) Overlap with highly skilled migrant program The target group of the ICT Directive overlaps to a great extent with that of the existing national highly skilled migrant program. However, the applicant for a residence permit cannot choose between the highly skilled migrant program and the ICT permit. For those falling within its scope, the ICT Directive offers the only possibility for residence. Applications that do not fall within the scope of the EU ICT program can be submitted under the highly skilled migrant program if the conditions are met. Source: Netherlands Immigration and Naturalization Service (IND), 2017


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