The cross-border service provider's permit: the application in a nutshell

It is possible for non-European employees to temporarily provide services in the Netherlands for an employer who is established in another EU country, as these employees will have already been admitted to another EU country and will be working there on the basis of a residence and work permit. Based on the European Workers’ Secondment Directive, these employees may work in the Netherlands without a work permit, but they do, however, need a residence permit. The conditions for obtaining this residence permit are listed below.

Conditions

The most important conditions at a glance:

• Your employer is located outside the Netherlands and in a European Union member state, the European Economic Area (EEA) or Switzerland.
• You have an employment contract with this employer and will be employed by them to work in the Netherlands.
• You have a residence permit and a work permit, proving that you have the right of residence in your employer’s home country and that you are allowed to work there in the service of that employer.
• You will earn sufficient income during your stay.
• Your employer will submit a report to the digital reporting desk (postedworkers.nl).

Additional terms and conditions may apply. Please contact us if you have any questions.

Permit validity period

The permit is valid for a maximum of 2 years and is not renewable thereafter.

The application procedure

Mynta Law can prepare and process the application on your behalf or on behalf of your referent. The application procedure in most cases is as follows:

Step 1: Choosing the right application

Mynta Law can help you and your referent to quickly select the most appropriate request. This means that we determine which type of residence permit is the most suitable in your situation. We also assess whether you need a provisional residence permit (also called MVV), or whether you can apply for a full residence permit without an MVV.

Step 2: Submit the request and pay costs

If your employer authorizes us to do so, we can submit your application online for you. In other cases, we can also submit the application in writing. In the application form, you will be able to indicate from which IND office you would like to collect your residence document once your application has been approved.

Step 3: The IND assesses the application and makes a decision

The IND assesses the application and checks whether you meet all the conditions. Assuming the application is correctly submitted, the IND must make a decision within 90 days at the latest.

If the IND rejects your application, we will of course inform you about your rights and about the possibilities to challenge the decision.

Step 4: Completing the procedure

Once the application has been granted, you can pick up your residence document at the IND office you chose in step 2. If you have applied for an entry visa, you will also now be able to collect it. Finally, you may need to register with your municipality (City Hall). Mynta Law will assist you in all these practical matters.

Which documents do we need?

In order to be able to assess whether you are eligible for the residence permit, we need at least the following documents:

• A copy of your passport (all pages with stamps or visas).
• A copy of your residence permit.
• A copy of your work permit.
• A copy of your employment contract.

It is possible that we will require more documents from you, depending on your specific situation.

Still have questions?

Feel free to ask your lawyer any questions you may have. If you are not yet a client and have questions, please feel free to contact us by phone (+31702051160) or ask your question via the contact form.