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Vander Elst Visas
Do you hold a Tier 1 Highly Skilled Visa (formerly HSMP)? Would you like to be able to deliver IT Consultancy services in Germany, the Republic of Ireland, Belgium or the Netherlands? If so Commonwealth Contractors may be able to help!
At Commonwealth Contractors we partner with OISC Registered Private Immigration Firms & Tier 2 Licensed IT Consultancies that regularly undertake international IT assignments. Where assignments are undertaken in other EEA countries our consultancy partners are happy, where required, to work with employees to gain satisfactory work authorisation.
For more information call Commonwealth Contractors now on 0800 294 4388 or Submit your Details now and we will get back to you.
Vander Elst Background
In 1994 a case was heard by the European Court relating to Raymond Vander Elst Vs The Office des Migrations Internationales (OMI).Mr Vander Elst ran a specialist demolition business based in Brussels, Belgium. The business employed not only Belgian nationals but also a number of Moroccans on Belgian Work Permits. These workers were paid fully in Belgium and were subject to Belgian Social Security deductions.
In 1989 the Vander Elst Business won a short term contract to carry out demolition work in Reims, France. The work was expected to take one month. Mr Vander Elst assigned a team of 8 to carry out the work, 4 of whom were Moroccan Nationals on Belgian Work Permits. Mr Vander Elst obtained short term (1 month) visas for the Moroccans in order for them to render the services.
When French employment inspectors from the OMI made a visit to the site they found the workers did not have Work Permits issued by the French authorities and deemed the short term visas insufficient to take paid employment in France. The OMI considered Mr Vander Elst had infringed the French Labour Code by employing non EEA nationals without a French Work Permit and therefore decided to fine his business.
Mr Vander Elst lodged an appeal and claimed the French Labour Code constituted a barrier to his freedom to provide services & that the Code was incompatible with the European Economic Community Treaty.
Following consideration by the European Court it was decided that an EEA member state (i.e. France) cannot require employees of a company based in another EEA member state (i.e. Belgium) who are lawfully employed in that member state to gain work permits when delivering services abroad.
Since 1994 the Vander Elst ruling has evolved (in some countries) into the Vander Elst Visa.
Visa Requirements
Please note that Vander Elst Visa requirements and processes vary from country to country. Many caseworkers on the front line have not even heard of the Vander Elst legislation therefore applications are not straightforward.In order to qualify for a Vander Elst Visa you must have at least 3 months remaining on your UK Work Visa, if you do not it is highly unlikely that you will be able to secure a Vander Elst Visa.
To qualify you will need to provide the following documents:
- Fully completed and signed application form
- Original Passport
- Evidence of your right to reside in the UK (i.e. Tier 1 or Tier 2 Visa)
- Employer Declaration of Employment
- Contact Details for Client
- Medical Insurance (normally Travel Insurance Policy)
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