ICT rules implemented
21 Jun 17
IMPACT – MEDIUM
What is the change? Slovakia recently adopted the European Union directive on intracompany transfers and has released details regarding requirements for ICTs assigned to Slovakia and notification rules for those moving to another EU country.
What does the change mean? ICT permits will be issued to intracompany managers, specialists or trainees who have at least six months of experience with the assigning entity (three months for trainees). The ICT permit validity period is a maximum of three years, and extensions may be limited or prohibited. Those issued a Slovakian ICT permit may move to another EU country upon notification to the Foreign Police, but they must spend more than 50 percent of their assignment in Slovakia.
- Implementation time frame: Immediate and ongoing.
- Visas/permits affected: ICT permits.
- Who is affected: Non-EU national managers, specialists or trainees on assignment at an intracorporate office in Slovakia.
- Impact on processing times: Decisions by the Foreign Police on ICT residence permits will take 90 days after submission (30 days for non-EU nationals working for centers of strategic services listed with the Ministry of Economy). Visa nationals should add an additional two weeks to obtain an entry visa.
- Business impact: Like other EU member countries that are implementing the directive, Slovakia has adopted a common set of rules for ICTs assigned to Slovakia and for their mobility within the EU.
ICT Permit: Applicants must apply for a residency permit at a Slovak embassy or consulate and will need to demonstrate the assignee’s qualifications, salary and contract with the overseas office as a manager, specialist or trainee, and prove the intracompany relationship between the sending entity and local host office. A legalized criminal background clearance from the home country and country/countries of recent residency will be required as well as a legalized diploma. Additional documents include: proof of financial coverage, confirmation of housing and property title issued by a Cadastral Office, a power of attorney, and a medical exam after the permit is issued.
Mobility within EU: Holders of an ICT permit issued by Slovakia may move to another EU country as an ICT. They must notify the Foreign Police in Slovakia within three working days of their move, and must spend more than half their assignment in Slovakia, as well as meet any requirements of the destination country.
Foreign assignees who hold an ICT permit issue by another EU country may transfer to Slovakia as an ICT. The Slovak host entity must notify the Ministry of Interior and present documentation of the intracompany relationship between the three entities, as well as the assignee’s passport and dates of assignment. The ministry has 20 days to review and object. If there is an objection, the assignee must stop working and depart Slovakia. The assignee must spend less than 50 percent of the assignment outside of the country that issued the ICT permit.
BAL Analysis: The rules ease the transfer of ICTs to Slovakia and eliminate the need to reapply for ICT permits for those conducting assignments in more than one EU country. Applicants should factor in additional time for obtaining legalizations of degrees and police clearance records, as the process can be lengthy.
This alert has been provided by the BAL Global Practice group and our network provider located in Slovakia. For additional information, please contact your BAL attorney.
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