Conditions changed for ICT applications by unrecognised sponsor
From 1 October, the IND will request more evidence for ICT (Intra Corporate Transferees, Directive 2014/66/EU) applications by unrecognised sponsors. This means specifically that extra documents will be needed from that date for the transfer of an employee from outside the European Union to a branch in the Netherlands.
The change will see to it that a better assessment can be made of whether the conditions for this purpose of stay have been met and if demonstrable economic activities are taking place at the branch in the Netherlands.
ICT application by an unrecognised sponsor
With an ICT permit it is possible to transfer managers, specialists and trainees from outside the EU temporarily to a Dutch branch of the company. When an unrecognised sponsor submits an application, the IND asks for all necessary documents. During the assessment process the IND asks the Employee Insurance Agency (in Dutch: Uitvoeringsinstituut Werknemersverzekeringen or UWV) to give advice.
The extra articles of evidence that have to be submitted with an application if the sponsor is not recognised:
- Proof of registration at the Chamber of Commerce;
- Proof of the sponsor's own address where all economic activities are performed;
- A payment history report. This report indicates that the Tax and Customs Administration knows the company and the company properly pays the wage tax, national insurance contributions and turnover tax;
- Proof that at least one FTE was employed at the branch in the Netherlands before the ICT arrived.
The above-mentioned articles of evidence will be included in the Aliens Act Implementation Guidelines 2000 (in Dutch: Vreemdelingencirculaire 2000 or Vc). The obligation to hand over these articles of evidence will apply to applications submitted from 1 October 2021.
What exactly an ICT application must fulfil and how this can be applied for can be found on our website.