Dutch work visas for UK contractual service suppliers and UK independent professionals

On 30 December 2020, the European Union and the United Kingdom signed the comprehensive Trade and Cooperation Agreement (henceforth: the Agreement), with a view to regulating trade in goods and services. Pursuant to article 143 of the Agreement, an EU member state shall allow the entry and temporary stay of British contractual service suppliers and British independent professionals for the purpose of letting them work in certain sectors or subsectors. An EU Member State may not limit the total number of such service suppliers and/or independent professionals in the form of numerical quotas.

First, let’s have a look at the definitions of “independent professionals” and "contractual service providers." 

Definition of independent professionals

Pursuant to article 140(5)(c) of the Agreement, independent professionals are natural persons engaged in the supply of a service and established as self-employed in the UK. In practice, it means that such a British independent professional should own a UK business registered within the registry of the Companies House. These independent professionals may not have established in the territory of the EU. The independent professionals shall need a bona fide contract (other than through a job agency) for a period not exceeding 12 calendar months to supply service to a final customer in the EU, which requires the physical presence of the British independent professionals on a temporary basis. Also, on the application date, the UK independent professionals need to have at least six years of professional experience in the relevant activity, a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in the EU (if applicable). For example, a freelance solicitor wants to provide legal service to an international client in the Netherlands, which requires the physical presence of this specific solicitor. Prior to qualification, this solicitor worked two years as a trainee solicitor at a Manchester based firm and four years as a paralegal at a High Street firm in Derbyshire. All these work experiences will count towards the requirements of six years of professional experience.

Definition of contractual service providers

Contractual service suppliers are natural persons employed by a British company (other than through a job agency), which is not established in the EU and has concluded a bona fide contract, not exceeding 12 months, to supply services to a final consumer in the EU requiring the temporary presence of its employees who: (1) have offered the same type of services as employees of the British company for a period longer than one year immediately preceding the application date; (2) possess, on that application date, at least 3 years of professional experience, obtained after having reached the age of 18, in the sector of activity that is the object of the contract, a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in the EU (if applicable); and (3) do not receive remuneration from a source located within the EU. For example, Kai is an IT technician employed by a UK company based in Plymouth. Kai has been working four years at this UK company. Prior to joining this Plymouth based company, Kai obtained his BSc degree from the University of Exeter. This UK company wants to send Kai to work on a project for a Dutch corporate client in the Netherlands. In this situation, Kai can potentially qualify as a contractual service provider.

Selective number of industries and/or subsectors

Annex 22 of the Agreement lists a number of selective industries, sectors and/or subsectors, in which a UK national can apply for such a residence permit. Also, EU Member States can choose to exclude certain sectors and/or subsectors.

Applicable industries for UK independent professionals

In general, British independent professionals can ask for a permit if they work in one of the following industries, unless an EU member state chooses to opt out: Legal advisory services in respect of public international law and home jurisdiction law; Architectural services and urban planning and landscape architectural services; Engineering services and integrated engineering services; Computer and related services; Research and development services; Market research and opinion polling; Management consulting services; Services related to management consulting; Mining; Translation and interpretation services; Telecommunication services; Postal and courier services; Higher education services; Insurance related services advisory and consulting services; Other financial services advisory and consulting services; Transport advisory and consulting services; Manufacturing advisory and consulting services.

Applicable industries for UK contractual service providers

British contractual service providers can, in general, ask for a permit if they and their UK employer engage in one of the following industries, provided that an EU Member State has not chosen to opt out:

Legal advisory services in respect of public international law and home jurisdiction law; Accounting and bookkeeping services; Taxation advisory services; Architectural services and urban planning and landscape architectural services; Engineering services and integrated engineering services; Medical and dental services; Veterinary services; Midwives services; Services provided by nurses, physiotherapists and paramedical personnel; Computer and related services; Research and development services; Advertising services; Market research and opinion polling; Management consulting services; Services related to management consulting; Technical testing and analysis services; Related scientific and technical consulting services; Mining; Maintenance and repair of vessels; Maintenance and repair of rail transport equipment; Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment; Maintenance and repair of aircrafts and parts thereof; Maintenance and repair of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods; Translation and interpretation services; Telecommunication services; Postal and courier services; Construction and related engineering services; Site investigation work; Higher education services; Services relating to agriculture, hunting and forestry; Environmental services; Insurance and insurance related services advisory and consulting services; Other financial services advisory and consulting services; Transport advisory and consulting services; Travel agencies and tour operators' services; Tourist guides services; Manufacturing advisory and consulting services.

Again, it is worth mentioning that a Member State can decide to either opt in or opt out certain industries, sectors and/or subsectors. Thus, it is of crucial importance to verify the issue as to whether a specific industry is accepted by an EU Member State for either contractual service providers or independent professionals.

Other industries, sectors or subsectors

If you engage in other industries than the ones listed above, then the Agreement is not applicable, meaning that you cannot apply for a permit under this Agreement. Perhaps, there are other types of permits that you can consider asking for.

Validity of the permit

The work permit can be issued for a period up to one year or the length of the service contract (if it is shorter than 1 year).

Should you have any questions about this type of work permit, please feel free to contact us.