• New Residence Requirement for Company Signatories
  • April 12, 2017
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Since the EU Intracompany Transferee (ICT) Permit became available for qualified foreign managers, specialists and trainees on November 29, 2016, employers have been obligated to use the new scheme for qualified transfers instead of the Knowledge Migrant Scheme. The Ministry of Security and Justice has now confirmed that employers can still choose between obtaining a Knowledge Migrant Permit, a national intra-corporate transferee permit (used by companies who are not registered as recognized sponsors) or the EU ICT Permit to transfer Japanese nationals.

    Background

    This option has been extended to Japanese nationals on the basis of the Dutch-Japanese trade treaty, signed in 1912.

    Benefits of Knowledge Migrant Permit

    The benefits of the Knowledge Migrant Permit over the EU ICT Permit include the following:
    • There is no requirement for prior employment or specific qualifications;
    • It is valid for up to five years, while the EU ICT Permit is valid for up to three years for managers and specialists; and
    • It has no cooling-off period, while the EU ICT Permit requires a cooling-off period of six months after three years of stay.

    However, the EU ICT permit allows for intra-EU mobility and is therefore beneficial for assignees who need to work in other EU countries in addition to the Netherlands.

    What This Means for Employers and Japanese Nationals

    Employers of Japanese nationals can now choose between the EU ICT Permit and Knowledge Migrant Permit for qualified transferees. Fragomen can assist with assessing which permit is most appropriate for different assignments, taking into account the duration and the need to work in other EU member states.