Do you have a temporary assignment in the Netherlands for which you are engaging employees from outside the EU / EEA / Switzerland? Note that for many jobs a work permit (TWV) is required.
However, employers employed by a company which is established in another EU / EEA Member State or Switzerland can temporarily let their employees from outside the EU provide services in the Netherlands without a work permit on grounds of the free movement of services within the EU. If this service provision lasts no longer than 2 years then a residence permit can also be applied for.
This form of cross border service provision is subjected to strict conditions and is also under increased supervision of the Inspectorate SZW (Ministry of Social Affairs and Employment). For example, the foreign employee has to be entitled to lawfully reside and work in the other EU / EEA Member States or Switzerland where the employer is established. In addition, the nature of the temporary work in the Netherlands must be the same as the nature of his usual work in the other EU / EEA Member States or Switzerland, where the employer is established. Please note that there are more conditions which must be met.
This form of legal residence and employment is subject to many conditions. Therefore it is advisable that, as a service recipient or provider, you let AHL Advocaten’s immigration specialists inform you beforehand, or else you may end up receiving large administrative fines from the Inspectorate SZW for illegal employment. Please contact us if you would like more information about cross border service provision.