EU Van Der Elst Visa
Background of Van Der Elst visa
Raymond Van Der Elst was a Begian employer who employed Moroccan nationals in Belgium working and residing there legally. In 1994, Van Der Elst required the Moroccan national employees to provide some services for a client in France as part of a mutual business agreement. The employees were sent there on a short stay visa; but were challenged by the French Immigration authorities as they claimed that the Moroccan national employees did not possess a valid work permit. The French authorities fine Van Der Elst and this was appealed and finally ended up at the European Court of Justice (ECJ).
The ECJ found in favour of Van Der ELst and ruled that if certain criteria is met, non-EEA individuals working in an EU member state are able to work in another EU member state for the purpose of providing services for a limited period of time effectively upholding Article 59 and Article 60 of the EEC treaty. This route subsequently started to be known as Van Der Elst visa. Entry clearance applies regardless to whether the applicant is a visa or a non-visa national.