Germany implements ICT directive, introducing new permit categories

21 Aug 17

GERMANY

IMPACT – HIGH

What is the change? Germany has implemented the European Union’s Intra-Corporate Transferees Directive, creating two new work permit categories for non-EU/EEA nationals transferred within the same corporate group to Germany.

What does the change mean? Non-EU/EEA managers, specialists or trainees transferred within the same corporate group from outside the EU for more than 90 days may apply for German ICT cards. Non-EU/EEA managers, specialists or trainees holding ICT cards issued by another EU country may apply for Mobile ICT cards if they intend to work in Germany for more than 90 days in a 180-day period.

  • Implementation time frame: Immediate and ongoing. The changes were implemented Aug. 1.
  • Visas/permits affected: ICT cards, Mobile ICT cards.
  • Who is affected:  Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Germany for more than 90 days; non-EU/EEA managers, specialists or trainees who old an ICT permit in another EU country and are transferring to work in Germany for more than 90 days in a 180-day period.
  • Business impact: The ICT cards will allow for greater intra-Europe mobility, as Germany has joined a growing list of countries that have implemented the EU directive.

Background: Germany recently finalized legislation to implement the ICT cards, moving into compliance with a 2014 EU directive aimed at making it easier for high-skilled non-EU nationals to work in several EU countries. Only employees with at least six months of experience in the corporate group will be eligible to apply. Assignments in Germany cannot be longer than three years for managers and specialists or longer than one year for trainees. ICT card applicants must apply for the cards before traveling to Germany.

Mobile ICT cards, meanwhile, will be available to holders of ICT cards issued by other EU countries who intend to work in Germany for more than 90 days in a 180-day period. ICT card holders transferred to Germany for shorter assignments do not need to obtain permits, but the sending company must provide electronic notice to Germany’s Ministry for Migration and Refugee regarding the employee’s transfer.

BAL Analysis: The new legislation introduces two new permit categories for non-EU/EEA intracompany transferees. Other options may be preferable, however, depending on transferees’ nationality, length of stay and the activities they will conduct while in Germany. Employers should consult with BAL to determine what option is best for any employees they are transferring or posting to Germany.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.