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What is the Van der Elst principle?
The principle originates from the judgment of the Court of Justice of the European Union of 9 August 1994 in Case C-43/93. Subject to certain conditions, a company established in one Member State may temporarily post a non-EU national whom it lawfully and habitually employs to another State in order to provide cross-border services.
Its practical implementation is not uniform. States may require a Van der Elst visa, an equivalent authorisation, a prior procedure, or specific entry and residence formalities. The principle does not remove employment-law, social-security or posting-notification obligations.
When a check is required
A check is required whenever a non-EU worker employed in an EU or EEA country is temporarily sent to another European country to provide a service. The assessment should consider:
- the destination and the country where the employer is established;
- the worker’s nationality and passport validity;
- the type, validity and restrictions of the residence or work permit in the sending country;
- the duration, activity and place where the service will be performed;
- the contractual relationship between the sending company and the client or host entity;
- previous trips and cumulative thresholds;
- posting notifications, local registrations and document-retention duties.
Ireland, Germany and Iceland: three destinations to check
Ireland, Germany and Iceland are among the destinations where a Van der Elst procedure or an equivalent authorisation may be required. The terminology does not mean that the same rule applies in every country: requirements and exemptions must be checked for each case.
| Country | Framework | What the company should check |
| Ireland | Ireland operates a specific Van der Elst visa route for non-EEA nationals lawfully resident and employed in another EU/EEA State or Switzerland. Different entry rules may apply to visa-exempt nationalities. | Whether the nationality is visa-required, lawful residence and employment in the sending country, the temporary service contract, assignment duration and supporting documents. |
| Germany | Germany provides for a Vander Elst visa for temporary cross-border services. Specific exemptions may apply depending on the residence status and duration. | Whether a visa is required, the competent mission, duration and continuity of employment in the sending country, service contract and possible exemptions. |
| Iceland | Non-EU posted workers may be subject to entry, residence or work requirements equivalent to a Van der Elst assessment, as well as Icelandic posted-worker rules. | Residence status in the sending country, any visa or permit requirement, posting notification, duration of presence and registration of the foreign service provider. |
The information above is indicative and must be checked against the rules in force on the travel date. Lawful entry does not automatically constitute permission to work.
Local registrations and posting notifications
The Van der Elst assessment must be kept separate from other duties. Even where no visa is required, the host country may require a posting notification before work starts, the appointment of a representative, document retention, or registration with local authorities.
Longer stays may also trigger registration of presence, address or residence. There is no single threshold that applies to every country and every requirement. The 90-day threshold often used for immigration purposes does not replace an assessment of employment and posting rules.
A practical example
A company established in Italy plans to send a lawfully employed non-EU worker to Germany for 45 days. Checking that the worker can enter the Schengen Area is not enough. The company should assess the Italian residence permit, planned activity, service contract, possible Vander Elst visa, posting notification and previous travel days.
How Atlasposting supports the process
Atlasposting structures the assessment around the key details of the trip and the worker. Depending on the enabled functions and requested support, a company can:
- collect destination, duration, nationality, residence status and activity details in a structured format;
- identify immigration, notification and registration duties that require further assessment;
- monitor repeated trips and cumulative thresholds;
- centralise assignment documents and information;
- coordinate complex cases with Arletti & Partners specialists.
This moves the compliance check to the planning stage, reducing the risk of delays, unauthorised work or missed filings after the worker has already reached the host country.
