On October 7, 2020, the IND (the Dutch Immigration and Naturalization Service) amended the FAQ that pertains to the Intra Corporate Transfer residence permit (ICT transfer within a company). It is a relaxation compared to the previous interpretation of the ICT Directive 2014/66 / EU.
In the FAQ dated 11 May 2020, the IND had taken the position that a foreign national who has an ICT permit could only change it after 3 years to a residence permit as a highly skilled migrant, if the foreign national would enter into local employment contract with the Dutch entity. The IND has changed this position now and is again taking the position as stated in the IND FAQ of 23 November 2017.
In the FAQ of 7 October 2020, the IND (re) confirms that a residence permit as a highly skilled migrant can also be obtained if the foreign national using the ICT residence permit remains on the foreign payroll.
This FAQ is quoted below:
Q: Can an ICT permit holder obtain a highly skilled migrant permit after three years of residence, even if he keeps his employment contract with the employer outside the EU?
A: Yes, if the maximum residence period under the ICT guideline (this is three years for a manager or specialist or one year for a trainee employee) has expired, the employee no longer falls under the scope of the guideline that the employee resides in the Netherlands at the time of the application. If the employee meets the conditions of the knowledge migrant scheme and the Dutch part of the group where the employee works is a recognized sponsor, a knowledge migrant permit can be applied for. In that case, the IND will consider as evidence a statement from the employer abroad stating the duration of the transfer, the nature of the employment and the salary.