Netherlands: Japanese Transferees Eligible for Knowledge Migrant Permit

Since the EU Intracompany Transferee (ICT) Permit became available in the Netherlands, 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 or the EU ICT Permit to transfer Japanese nationals.

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Feb 22, 2017
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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.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to benelux@fragomen.com.


© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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