Immigrationboards.com - Archive

Archive » Europe » Work Permit Waiver

Author	Post
awalker Junior Member Member # 3403	Posted May 13, 2002 03:28 PM I am a non-EU national with a French Work Permit (type D). Is there a provision wherein I could apply for a work permit waiver (while working for the same employer) in case I wish to take up employment in another Schengen Country? Thanks
Marcis Member Member # 4	Posted May 14, 2002 01:51 PM Yes, the van der Elst provision. Once you would have worked in France for at least 12 months, your employer may send you to other EU countries for up to 6 months without having to apply for a work permit in country B. A precondition is that you would remain on your French work permit & French payroll during that time. The van der Elst provision goes back to a decision of the European Court of Justice, so in theory it should be binding for all EU countries. However, in practice some countries have not implemented the van der Elst decision; i.e., there are still differences from country to country. The 'inter-company transfer of staff' work permit is another relevant option. Eg., if you would continue to work for your present employer in Germany or Italy, going there for more than 6 months, you would require a seperate work permit. But at least your work permit application would be expedited and simplified. Feel free to contact me if you have further questions. Best regards Marcis.Gobins@workpermit.com -------------------- Marcis Gobins, Consultant Workpermit.com

Author

Post

awalker
Junior Member
Member # 3403

Posted May 13, 2002 03:28 PM

I am a non-EU national with a French Work Permit (type D). Is there a provision wherein I could apply for a work permit waiver (while working for the same employer) in case I wish to take up employment in another Schengen Country?

Thanks

Marcis
Member
Member # 4

Posted May 14, 2002 01:51 PM

Yes, the van der Elst provision. Once you would have worked in France for at least 12 months, your employer may send you to other EU countries for up to 6 months without having to apply for a work permit in country B. A precondition is that you would remain on your French work permit & French payroll during that time. The van der Elst provision goes back to a decision of the European Court of Justice, so in theory it should be binding for all EU countries. However, in practice some countries have not implemented the van der Elst decision; i.e., there are still differences from country to country.

The 'inter-company transfer of staff' work permit is another relevant option. Eg., if you would continue to work for your present employer in Germany or Italy, going there for more than 6 months, you would require a seperate work permit. But at least your work permit application would be expedited and simplified.

Feel free to contact me if you have further questions.

Best regards

Marcis.Gobins@workpermit.com

--------------------

Marcis Gobins, Consultant
Workpermit.com