What is a ‘Van Der Elst’ Visa? | Hudson McKenzie

What is a ‘Van Der Elst’ Visa?

December 3, 2018 | Immigration, Latest Thinking, News

Non-EEA Citizens that work for EU Companies are eligible to apply for a ‘Van Der Elst’ Visa – so what exactly is this?

‘Van Der Elst’ in a nutshell:

If an EU Employer desires to immigrate a Non-EEA citizen between EU states, they may want to consider applying for a ‘Van Der Elst’ Visa for the Non-EEA employee.

Usually, a ‘Van Der Elst’ visa is considered if the Non-EEA employee in question does not fully satisfy the terms laid out within the eligibility for a ‘Business Visitor Visa’.

By doing so, Non-EEA citizens through the ‘Van Der Elst’ Visa may find it much easier to transit through other EU member states.

Background of the ‘Van Der Elst’:

An employer from Belgium in 1994 named ‘Van Der Elst’ decided to employee Moroccan nationals within Belgium.

However, under the Belgium employment, the Moroccan employees were also required to provide additional services to clients in France, under the agreement of their Belgium employer.

From this, the Belgium employer (Van Der Elst) obtained ‘Short Stay Entry Visas’ for the Moroccan employees so that they could travel through France so to provide a ‘temporary service’.

However, French authorities were soon to claim that the Moroccan employees were breach French Immigration Law as they did not have work permits in France yet were providing a service.

From this, Van Der Elst was fined however the Belgium employer then appealed which lead to the case being in the European Court of Justice (ECJ)

What was the verdict of ‘Van Der Elst’?

The ECJ ruled that non-EEA citizens who are working in an EU Member State are permitted to work in another EU member state so to provide services for a limited period of time, even if certain criteria’s are not met.

What requirements must be met to qualify for a ‘Van Der Elst’ Visa?

The Non-EEA employee must have the following:

  1. Employed by law by an employer who is providing a service to a EU Member State on a temporary basis.
  2. Be a resident by law of an EU Member State in which were originally employed in.
  3. Must leave the EU Member State once service is completed
  4. Must not take any other form of employment whilst in the EU Member State whilst providing service.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com

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