ICT directive introduces new permit categories

22 Mar 18

FINLAND

IMPACT – MEDIUM

What is the change? Finland has implemented the European Union’s Intra-Corporate Transferees Directive, creating new permit categories and notification processes for non-EU/EEA nationals who are transferred within the same corporate group.

What does the change mean? Non-EU/EEA managers, specialists or trainees who are transferred within the same corporate group from outside the EU may apply for Finnish ICT residence permits. Non-EU/EEA managers, specialists or trainees holding ICT cards issued by another EU country may apply for Mobile ICT permits if they intend to work in Finland for more than 90 days. Those holding ICT cards issued by other EU countries intending to work in Finland for less than 90 days do not need to obtain a separate permit, but must complete a new notification process.

  • Implementation time frame: Ongoing. The changes were implemented Jan. 1.
  • Visas/permits affected: ICT permits, Mobile ICT permits.
  • Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Finland within the same group of companies; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are transferring to work in Finland.
  • Impact on processing times: Permit applications should be decided within 90 days or sooner.
  • Business impact: The new ICT cards will allow for greater intra-Europe mobility, as Finland has joined a growing list of countries that have implemented the EU directive.

Background: Finland moved into compliance with the 2014 EU directive by implementing new ICT rules Jan. 1.

ICT permits will be available to managers or specialists who have at least three to 12 months of experience in the corporate group or to trainees with at least three to six months or more of experience. Applicants must have relevant experience and qualification for the jobs they will be filling in Finland and must be able to return to their sending company or another company outside the EU that is within the same corporate group. Applicants must apply for an ICT permit before entering Finland.

Mobile ICT permits will be available to holders of ICT cards issued by other EU countries who intend to work in Finland for more than 90 days. Applications must be filed at least 20 days before a long-term assignment begins in Finland, and applicants must show that the ICT permit issued by the first member state will be valid for the duration of their assignment in Finland.

ICT card holders transferred to Finland for shorter assignments do not need to obtain permits, but the sending company must provide notice of the employee’s transfer. The notification must be made in writing to the Finnish Immigration Service and must include (1) proof that both the non-EU and EU-based sending companies are part of the same corporate group as the Finnish company, (2) a copy of the employment agreement, (3) a copy of a valid travel document and ICT permit; (4) the amount of time the assignee will spend in Finland and (5) other documents that may be requested on a case-by-case basis.

BAL Analysis: Finland’s implementation of the ICT directive should help make intra-Europe mobility easier for non-EU national intra-corporate transfers.

This alert has been provided by the BAL Global Practice group and our network provider located in Finland. For additional information, please contact your BAL attorney.

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