Intra-Corporate Transferee Directive
Directive 2014/66/EU has been adopted in 2014 to make the corporate transfer easier Europe-wide. This directive applies to all of Europe (except UK, Ireland, Denmark) and the ICT-Card allows Non-EU Assignees to work in any Schengen State for up to 90 days within a rolling 180-day period.
The deadline for the EU countries to comply had been set for 29. November 2016.
The EU has established general rules for the implementation of the ICT Card, however each country has leeway for country specifics. We differentiate between the ICT-Card and the Mobile ICT-Card.
What is an Intra-Corporate-Transfer?
The ICT is justified, if:
- The temporary secondment is over 90 days and up to 3 years
- The 3rd country national (Manager, Specialist) is residing outside the EU
- The Assignee is sent from an Entity established outside the EU
- To an Entity established in an EU State belonging to the same corporate Group
- The Assignee stays employed with the sending Entity
- The Assignee has been employed with the sending Entity for at least 6 months
- Single Application – Issued before entering the EU
- Simplified process through acknowledged sponsor
- Specialists & Managers - 90 Days to max 3 years*
- Trainees – 90 Days to max 1 year*
*Cooling off period 6 months
Max. 90 days from filing
How does Germany adapt (effective August 1st 2018)?
In Germany, an Assignee qualifies for the ICT Card if the Assignee is a
Specialist or Manager
The definitions are also laid out in the residence act. A Manager is considered a leading Employee, responsible for People and Budget. A Specialist is determined through qualification (Degree, work experience) and must be much needed not only in sending, but also receiving Entity.
In General, the Assignee:
Has been employed for at least 6 months with sending EntityBachelor/Master/Diploma – Proof of QualificationWage Requirements Assignee will be seconded at least 90 days and no longer than 3 years*Cooling Off Period 6 months (Assignee needs to leave Germany and apply new)
- Dependents can accompany the Assignee – no minimum Assignment of 12 months needed
- Cooling off Period is always 6 months – no matter how long the ICT was issued for!
A Denial is eminent if:
- Entity in Germany is established simply to receive ICT Cards
- Stay in Germany is planned for longer than 3 years
- Application is done before 6 months cooling off period is completed
- Employee will work as temporary worker or “Leiharbeiter”
The ICT card can only be considered if:
- The trainee has a recognized Degree (Mandatory)
- Salary requirements are kept - The trainee must have been employed with the sending Entity for at least 6 months
- The Assignment is between 90 days and 1 year
NOT APPLICABLE FOR INTERNSHIP
The ICT Application Process
- Centralized work authorization application process with the FEA (Federal Employment Agency)
- Translations of all documents required
- Extended Set of Documents has to be submitted (Company Statements, Company Structure, home employment contract, assignment letter etc)
- Extended processing time within the FEA
- Processing Time for Approval – currently between 2-5 weeks
- A Visa MUST be applied for in Home Country (even if the Assignee is a privileged national)
- Once Assignee arrives in Germany, biometrics still have to be given at the local labor office
Mobile ICT Card (up to 90 days) with main stay in another EU State
The Mobile ICT Card can be used to work in several EU states consecutively. Before it was only possible to stay within the EU for up to 90 days total. With the mobile ICT Card, the Assignee can be sent to each EU state for up to 90 days within a rolling 180-day period. (i.e. 90 days in Germany, 90 days in France, 90 days in Italy)
- Assignee holds valid ICT Card of another EU State
- Salary is conform
- Assignee has been employed with Sending Entity outside the EU for at least 6 months
- Specialist, Manager or Trainee
- Application has to be filed with the BAMF (Federal Office of Migration and Refugees) at least 20 days prior to start in Germany
- Notification with BAMF must be filed with application of ICT Card Permit in other EU State or latest when intention of stay in Germany occurs
- As soon as BAMF receives the notification, the individual is allowed to stay and work in Germany for up to 90 days within a rolling 180-day period.
- German Authorities have 20 days to object to the notification. If there is no objection or answer, the employee is allowed to work.