This summary is designed to provide basic information
about the visa and work permit application process in the Netherlands. Please
remember that, as with any nation, Netherlands's immigration laws may change
without notice. The information in this report is of a general nature and does
not constitute legal advice. For current and detailed information regarding the
state of the Netherlands immigration laws, as well as information pertaining to
your specific needs, please contact the legal professional with whom you work at
Fragomen Global.
The Netherlands is a member of the Schengen Agreement, which
provides for the cross border movement of Business Visitors without inspection
once initial entry has been made. The member countries of the Schengen Agreement
include: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland,
Italy, Luxembourg, The Netherlands, Norway, Portugal, Spain, and Sweden.
Visitors to these countries who are not exempt from the requirement to obtain a
visa should obtain a Schengen Visa when traveling for Business purposes.
It is important to note that the maximum allowable stay in
Schengen countries is ninety days cumulatively for all member countries within
any six-month period. (For example, if a Business Visitor stays in The
Netherlands for thirty days within six months, he or she may only spend up to
sixty days total in all other Schengen countries as a Business Visitor.)
Schengen Visas may be obtained from the consulate of the member country in which
the visitor will spend the majority of time during the visit or as the country
of first destination.
EMPLOYMENT AUTHORIZATION
European Free Trade Agreement Signatories and U.S. Citizens
(or other visa-exempt nationals) may file their Work/Residence permit with the
local authorities upon arrival in The Netherlands.
Citizens of European Union member states do not require a
work permit; however, should their intended stay go beyond 90 days, EU Citizens
must obtain a residence permit from the local Aliens/Police authorities.
"Regularization" of immigration status from
Visitor Status to Work Status:
Citizens of countries which do not require a visa to enter
may enter the Netherlands upon approval of the work permit application and may
finalize their residence permit formalities directly with the local alien
authorities.
Visa nationals on the other hand are required to secure the
appropriate entry visa and must finalize the residence permit process after
arrival in The Netherlands.
The following is a general summary of the immigration process
involved in an intra-company transfer work permit application:
Intra-company Transfer Visa
The General Process
Obtaining Employment Authorization for a foreign national to
work in the Netherlands requires two steps:
1) Application
for work permit (can be submitted prior to applicant's arrival in the
Netherlands);
2) Application
for Residence Permit (generally submitted after applicant's arrival in the
Netherlands)
Applicants who need a visa to enter the Netherlands are
required to complete a third step: application for entry visa (mvv visa).
Basic Requirements to Qualify
Please note that the Netherlands Consulate and/or authorities
reserve the right to request additional information and/or documents.
1. Any business visit in excess of ninety days over an
aggregate period of six months will require a work permit.
2. "Employment Activities" require a work permit.
For Visa purposes, employment activities are evidenced by:
a. Activities that primarily benefit a Netherlands employer.
b. A relationship between the Netherlands employer and the
foreign national whereby the foreign national is subordinate to the Netherlands
company.
c. The foreign national is paid from the Netherlands
company's payroll.
d. Foreigners being employed by the Netherlands company (e.g.
an office, business cards, or regularly scheduled hours).
The General Process
Documents Required for Work and Residence Permit
A Netherlands corporate sponsor is required to prepare a work
permit application on behalf of the employee. The work permit application is
filed with the Netherlands Labor Authorities. Once the work permit application
is approved by the Labor Authorities, the applicant may enter the Netherlands
under a work authorized status and complete the residence permit process
directly in the
Netherlands. With the exception of certain nationals,
applicants may be in the Netherlands during the processing of the work permit.
Corporate Documents Required for Work Permit
1. Documentation from the employer stating the scope of the
job, the title, duties, salary, and length of assignment;
2. Documentation from the employer demonstrating the
company's financial capability to maintain business;
3. Extract from Chamber of Commerce registration of
Netherlands entity.
U.S. Corporate Documents
Generally not applicable.
Employee and Family Documents
1. Documentation in support of the foreign national's
qualifications (degrees, diplomas, etc.);
2. Documentation from the foreign national (i.e., resume,
valid passport, photographs, family information and documentation)
Residence Permit–
Most visa exempt foreign nationals are permitted to apply for a residence permit
directly with the Dutch authorities after arrival in the Netherlands. Visa
nationals will initiate the residence permit process through the Royal Dutch
Embassy upon approval of the work permit and temporary residence permit, and
will finalize the residence permit process upon arrival in the Netherlands.
The following documents are required in support of the
residence permit:
1. Original birth and marriage certificates, bearing an
apostille or legalization by Royal Dutch Embassy in country of origin; (*)
2. Photocopy of lease to apartment/house (after arrival in
the Netherlands).
(*) All family documents must be accompanied by a certified
translation into Dutch if the document is not in the English language.
General Processing Times
The normal time to assemble the corporate and employee's
personal documentation is approximately two weeks.
Once all corporate documentation is provided by the employer
and all documentation is available from the employee, the application can be
submitted to the Netherlands authorities.
Processing of the application will approximately 4 to 6 weeks
for non-visa nationals; the process for visa nationals will take at least 8
weeks, depending upon country of citizenship.
Validity of the Work Visa
A Netherlands work permit can be granted for a period of up
to three years. If a the foreign national spends a consecutive three year period
in the Netherlands, he/she will no need to renew the permit but will be in a
work permit exempt status.
Please note that work permits originally applied for a period
of less than three years cannot be extended and a new application must be filed.
Residence Permit Registration Required/ Compulsory ID
Requirement
All foreign nationals with assignments for more than 90 days
must confirm as to the local requirements for the registration of a Residence
Permit immediately upon arrival into the Netherlands. As Dutch immigration law
has a compulsory identification card requirement, all foreign national residents
are required to carry a valid identification card at all times, regardless of
age. The compulsory identification requirement also mandates that parents are
responsible for proper identification for any minor child under the age of 14.
Cancellation of Work Visa and/or Residence Permit with
the Netherlands authorities:
Immediately prior to departure from the Netherlands, employee
and family members are required to surrender their residence ID cards to the
immigration desk at the Population Register and the work permit must be
cancelled with the labor authorities.
BUSINESS VISITORS
Visa Type:
Business Visitor Visas are called "Schengen Visa"
Unless provided by treaty or other reciprocity agreement,
foreign nationals are required to obtain a Business Visitor Visa prior to
entry.
Allowable Activities as a Business Visitor
1. Participate in meetings on behalf of the home country
employer and for a period of stay not to exceed 4 weeks. (Note: Multiple stays
per year are possible up to a maximum of ninety days within a six-month
period.) This includes managers, professionals, and specialists sharing
procedures for the mutual benefit of the home country employer and the local
entity, and sales representatives meeting with customers or accompanying
customers to sites in various countries
2. Computer specialists, manufacturing technicians, and
other foreign employees traveling to The Netherlands to install or repair
equipment, and train others to use the equipment, provided that the equipment
is manufactured and supplied by the home country or company. Individuals
traveling to The Netherlands to engage in these activities must be able to
document exactly what equipment they are installing, and what service or
training they will provide as an accessory to the installation. If there is
any doubt as to whether an individual can meet these requirements, a work
permit should be obtained
3. Corporate lawyers assisting local lawyers in The
Netherlands in resolving issues when the nature of the activity can broadly be
construed as meetings
4. Sales and marketing personnel soliciting orders,
providing product information, negotiating contracts, and resolving issues
with customers
5. Individuals involved in setting up and representing the
home country company at exhibitions for a period of stay not to exceed 4 weeks
6. Attend in seminars and exhibitions organized by the
company, trade organizations, universities, etc.
7. Company individuals involved in overseeing, but not
participatingin
the production of TV commercials.
Special Note regarding Technical, Short-Term
Activities:
Generally, no special provisions or visa types allotted for
short-term technical visits; therefore, it is best to review if short-term,
technical visits will require a work permit prior to departure to The
Netherlands.
Maximum Period of Stay as a Business Visitor
While Consulates and immigration officers can exercise
discretion in determining the length of stay for any visitor, the normal
validity of most business visas is 90 days within
a "given" six months period.
A business visitor visa may not be extended.
Basic Requirements to Apply for a Business Visa
The following requirements for Business Visitors are
subject to change or modification:
1. Must have a residence and an employer outside The
Netherlands;
2. Must be traveling to The Netherlands for a defined,
limited period and have pre-determined plans;
3. May not receive any compensation from sources within The
Netherlands; and,
4. The period of intended stay must be consistent with the
intended purpose of the trip
Most Commonly Requested Documents and Processing
time:
Please note that the Netherlands Consulate and/or
authorities reserve the right to request additional information and/or
documents.
1. Valid passport;
2. One passport-size photo;
3. Completed and signed application form;
4. Copy of airline ticket;
5. Letter of support from employer stating the purpose and
length of trip, and the financial responsibility during the visit to The
Netherlands;
6. Evidence of legal status in the country where the visa
application is being submitted; and,
7. Application fee.
Visitor visas are generally granted within 2 to 4 business
days, but can take up to three to four weeks to process, depending on the
nationality and if the application must be referred to the home immigration
service for approval.
FAMILY AND DEPENDENTS
Applications for spouses and dependents of Business Visitors
and Work Permit applicants are filed jointly with the principal's application.
Unmarried Partners (Opposite-Sex or Same-Sex)
Unmarried opposite-sex or same-sex Partners qualify for a
dependent residence permit.
Ability to Work
Spouses, dependents and unmarried partners are not permitted
to work as a derivative status of the employee. Spouses, dependents and
unmarried partners must obtain their own work permit.
