Intra-corporate transfer: How the ICT card can be used to successfully transfer data within a company across national borders.
The ICT Directive enables companies based outside the European Union (EU) to transfer their employees (managers, specialists, trainees) within the company to the EU. Thus, the ICT card is a temporary residence permit for the temporary employment of foreign workers in a European branch of a company based outside the EU.
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Advantages of the ICT card
When the need arises and the shoe pinches, the ICT card is just the right tool. It enables the rapid international transfer of important personnel within a company.
Once issued, the ICT card facilitates foreign workers' mobility within EU member states. In this way, companies can flexibly deploy key skilled workers, specialists and trainees within the European Union. Unlike other residence permits, the ICT card provides a high degree of planning certainty, as it is not at the discretion of authorities whether it will be issued. If the legal requirements are met, the granting of the ICT card can be legally claimed.
Requirements for obtaining an ICT card
Executives and specialists receive an ICT card for an internal transfer to a German subsidiary under the following conditions:
- Activity as a specialist or manager
- Affiliation to the group of companies
- Intra-company transfer for more than 90 days
- Valid employment contract
- Appropriate professional qualification
Specialist and manager: definition of terms
The person to be transferred must be employed as a manager or specialist by both his or her employer and the branch office in Germany.
A manager in this context is a person who is employed in a key position and primarily manages a branch, department or subdivision of a company.
A specialist within the meaning of the right of residence is a person who has indispensable specialized knowledge in a field of activity, in a procedure or in the administration of the establishment in which he is to be employed.
ICT card for trainees
A trainee within the meaning of the ICT Directive is a university graduate who undergoes a junior staff development program in order to qualify for later activities within the company or group of companies.
Trainees from a non-EU third country can also obtain an ICT card. On the one hand, they must meet the general requirements. On the other hand, they must work as a trainee at the German subsidiary for at least 90 days and have a university degree.
If the requirements are met, an ICT card can be issued for trainees for the duration of the transfer, but for a maximum of one year.
Time constraints on intra-corporate transfers (ICT)
Prior to the transfer and at the time of the transfer, the employee to be transferred must have been employed in the group of companies for at least six months. In addition, the transfer must be scheduled for more than 90 days. A valid employment contract must be available for this duration - including a letter of secondment, if necessary. There must also be proof that the employee will return to a part of the company outside the EU at the end of the intra-company transfer. For the transfer, proof of professional qualifications must be provided that relate to the job in Germany. Finally, the Federal Employment Agency must give its approval. Approval is obtained from the foreigners authority or from the German mission abroad.
If these requirements are met, the ICT card can be issued to managers and specialists for the duration of the internal transfer within the company, but for a maximum of three years.
If applying again, the employer and employee must ensure that there is a minimum of six months between the last stay as part of an intra-company transfer and the intended one.
Responsibilities and application
The ICT card is applied for in the Member State in which the transfer is to be completed. In the case of an intended stay in several establishments in different countries, the application must be submitted in the Member State in which the longest period of stay is planned. This is called the first EU member state regardless of the chronology of the stay.
In the case of a transfer to Germany, a visa must be obtained from the German mission abroad before entry. The documents required for this depend on the respective foreign mission and can be requested there.
The ICT card cannot be applied for directly in Germany. This also applies to citizens of so-called privileged states (USA, Japan, Great Britain, Northern Ireland, Canada, Australia, South Korea, Israel and New Zealand).
Does an ICT card have to be applied for in every EU member state?
If activity in several EU member states is planned during the intra-company transfer, the ICT card does not have to be applied for separately for each state. In this case, an application in the state in which the longest stay is planned is sufficient. Employees transferred to Germany can also stay in other EU member states by notifying the BAMF or applying for a Mobile ICT Card.
The ICT card can also be applied for in the form of the so-called Mobile ICT card. The Mobile ICT Card is a residence permit for employees transferred within the company who already hold an ICT residence permit from another EU member state. Further details on the Mobile ICT Card can be found here.
