Apply for a residence permit cross-border service provider

​Contents

• Who can apply for a residence permit cross-border service provider?
  
• General conditions for a residence permit
  
• Conditions for cross-border service provider
  
• Documents you need
  
• Provisional residence permit
  
• Written application forms
  
• Cost application
  
• Decision on your application
  
• Apply for review of the application
  
• If the IND decides late
• Validity residence permit
  
• Working as a cross-border service provider
  
• Legal obligations
  

Who can apply for a residence permit cross-border service provider?

The cross-border service provider residence permit is for employees who are nationals of a country outside the European Union (EU), European Economic Area (EEA) or Switzerland. Find out which countries are in the EU and EEA. The information on this page applies in the following cases: 

1. You work for a company in the EU, EEA or Switzerland. You will be working temporarily for this company in the Netherlands.
2. You are a business owner in the Netherlands. You would like an employee of a company in the EU, EEA or Switzerland to work for you in the Netherlands temporarily.

General conditions for a residence permit

There are some general conditions which apply to everyone who applies for a residence permit. 

Conditions for cross-border service provider

The following conditions also apply to the cross-border service provider residence permit:

• The employee has an employer based outside the Netherlands in another EU or EEA country or in Switzerland.
• The employee is going to work temporarily for a business owner in the Netherlands. This is not an appointment as a member of staff. The employee may work in the Netherlands as a cross-border service provider for up to 2 years.
  
• The employee remains in the employ of his or her employer abroad.
• The employee has a residence permit and a work permit from the EU country where the employer is based. This shows that the employee has a right of residence in that other EU country and is allowed to work for that employer.
• The employee has an employment contract with the employer in the other country.
• The employee has sufficient income and will receive that income for the entire period in the Netherlands. Find out the income requirement for the cross-border service provider application. The salary is equal to or higher than the minimum wage and, in the case of generally binding collective labour agreements, the collective labour agreement wage.
• The employer abroad should register the employee at the digital reporting desk on the website www.postedworkers.nl.

Turkish nationals and their family members

Find out which other conditions may apply to Turkish citizens and their family members.

Documents you need

You must have documentation showing that you satisfy the conditions. The following documents are needed for the cross-border service provider application:

• A copy of the page in the employee's passport that contains the personal data and the period of validity.
• The appendix 'Sponsor declaration (employment)' filled in and signed. This is attached to the application form. The employer must fill in this appendix.
• The appendix 'Antecedents Certificate'. This appendix is attached to the application form. The researcher should fill in all sections of the Antecedents Certificate and sign it.
• A copy of the valid residence permit and work permit that the employee has in the other country.
• A copy of the employment contract with the business owner for whom the employee will be working temporarily in the Netherlands.

Legalisation and translation of official foreign documents

Provisional residence permit (mvv)

To travel to the Netherlands, your worker needs a visa. This visa is called a provisional residence permit, or mvv (machtiging tot voorlopig verblijf). In some situations, an mvv is not required. Find out more about the mvv.

Written application forms

The easiest way is for the employer (sponsor) to apply. However, the worker (foreign national) can also apply. You can apply for the provisional residence permit (mvv) and the work permit at the same time. You can only apply in writing. There are different application forms.

Written application form for sponsor

• Application form 'Application for purpose of residence paid employment – regular (recognised sponsor)' - 7516
  

Written application form for foreign national

Do you require an mvv? If so, go to the Dutch embassy or consulate in your country of residence. Do you not require an mvv? Then please use the application form below.

• Application form 'Application for purpose of residence 'working as an employee' – regular (foreign national)' - 7522
  

How to submit your written application

1. Download and print the form.
2. Complete the form. Also complete the appendix or appendices that apply to your situation.
3. Put the application form, appendices and supporting documents in one envelope. Never send original documents to the IND. Make clear copies that are easy to read.
4. Send your application to the IND. The address is on the application form.
   

Cost of application

The employer pays for the application. The IND will send a request to pay the application costs (fees) by letter. Was the application submitted by the employee? If so, he or she will receive a letter from the Dutch embassy or consulate.

The cross-border service provider application costs [Arbeid in loondienst (waaronder het doorbrengen van verlof)]$mvvbedrag].

Decision on your application

The IND has 90 days to decide on the application for a residence permit cross-border service provider. This period is called the decision period. It is specified by law. The employer will receive a letter stating the date by which the IND will decide on the application.

• Find out what happens before the IND decides on your application
  
• Find out more about decision periods for your application to the IND
  

Track your application online

• The employee can track the application's progress in My IND
  
• The employer can track the application's progress in the Business Portal
  

Apply for review of the decision

Employers can apply for review of the decision within 4 weeks. The decision letter explains how to do this. Find out more about applying for review or appealing a decision from the IND.

If the IND decides late

Has the decision period passed and you have still not received a decision on your application or review? Then the IND is late in deciding. Find out what you can do if the IND is late with its decision.

Validity of a Cross-border service provider residence permit

This residence permit is valid for the contract period in the Netherlands. But the permit is valid for a maximum of 2 years. At the end of the 2 years, you can no longer extend the residence permit.

Working in the Netherlands as a cross-border service provider

This residence permit allows the employee only to work for the client in the Netherlands. The employee is not permitted to do any other work in the Netherlands. The back of the residence permit states: 'TWV niet vereist voor specifieke arbeid, andere arbeid niet toegestaan' (TWV not required for the specified employment; other employment not permitted).

Legal obligations

The worker and the employer must comply with several legal obligations.

• Find out more about the legal obligations of the worker (foreign national)
  
• Find out more about the legal obligations of the employer (sponsor)
  

• Artikel 3.31a Aliens Decree (Vreemdelingenbesluit 2000)​
• B5/3 Aliens Act Implementation Guidelines (Vreemdelingencirculaire 2000)
  

• Positive decision on residence permit: what should I do now?
  
• Intra company transferee
  
• Supply of goods by foreign company
  
• Supply of goods to foreign company
  

​Contact us.