What is the International Trade Scheme?
The International Trade Scheme aims to provide international businesses with the flexibility to temporarily bring foreign workers to the Netherlands for specific tasks. It is crucial that these tasks do not compete with the labor supply from the Netherlands and the EU. Examples include employees being trained to operate new machinery or providing training to a client’s employees abroad for a Dutch company.
Companies wishing to apply for the International Trade Scheme must first submit a request to the UWV to approve a project and associated tasks. The UWV assesses whether the project meets the criteria outlined in the Foreign Nationals Employment Act Implementation Decree. Once approved, the employer does not need a work permit (TWV) for foreign workers involved in the project. The employer only needs to notify the UWV of the workers.
Workers coming to the Netherlands for more than three months for their work must apply for a residence permit. The IND can grant a temporary regular residence permit under the restriction of “employment in paid employment” based on the International Trade Traffic Scheme, provided it’s shown the project is approved under the scheme and the employer has notified the UWV of the employee. The residence permit can be granted and extended for up to one year.
What are the conditions?
To qualify for the International Trade Traffic Scheme, there must be a so-called project in the context of international trade, services, and collaboration. A project should be seen as a time-bound framework within which the activities for which people come to the Netherlands take place.
When assessing project admission, factors such as the nature of the project, the nature of the work, the project’s duration, the value of the goods and services delivered or to be delivered, and the project’s value are considered. This could include a (collaborative) project, a partnership, a contract for the delivery of goods or services, or training. Also, a managing director who comes to the Netherlands for business activities related to his enterprise in the Netherlands may fall under the scheme.
The activities within a project can vary widely. The exemptions arranged for international trade traffic in the current Foreign Nationals Employment Act Implementation Decree are at least activities that fall within the scheme, as long as they occur within the context of a project. Thus, attending training or education, holding discussions, or maintaining contacts are activities that can fall under the International Trade Scheme. Additionally, activities related to inspections, controls, and certifications can also fall under the scheme.
Activities that normally require an employment permit can still be considered non-competitive. Since these involve trade contacts, projects must involve commercial enterprises.
Advantages of the International Trade Scheme
The scheme provides employers with flexibility. When a worker falls outside the scope of the ICT directive but is still transferred within a company, the new scheme exists alongside existing schemes, allowing employers to choose which procedure to use. Additionally, the scheme can be helpful when the highly skilled migrant scheme cannot be used because either the employer is not a recognized sponsor or the employee does not meet the salary requirements. In such cases, the International Trade Scheme can offer a solution.
This program adds value alongside existing schemes by providing both certainty and flexibility. There is certainty regarding the project, as it is approved by the UWV, and flexibility for individual workers since they only need to be reported once it is known they will come to the Netherlands.
After registration and approval of the relevant project, including associated tasks, an employment permit is no longer required for employing people, but a notification to the UWV suffices.
Employers can register the project for three years. If the project continues beyond three years, a new application for a three-year project can be submitted. The decision period for a change is also five weeks.
How can Arslan|Lit assist you?
Our office can guide your company in applying to have a project admitted to the International Trade Scheme. We have successfully assisted several companies in this regard. After admission, we can handle residence applications for your employees and their family members. If it’s about short visits, our office can ensure timely notifications with the UWV for the employees’ arrival. Additionally, we can support and advise you on all employment law matters related to employing foreign personnel.
If you have any questions, please don’t hesitate to contact our office. You can reach us by phone at 020 223 2466 or email at info@arslanlitadvocaten.nl. We are happy to help! You can also reach us via our social media channels found at the bottom of this page.
