Austria moves to implement ICT directive, introducing new permit categories
11 Sep 17
IMPACT – MEDIUM
What is the change? Austria has moved toward implementation of the European Union’s Intra-Corporate Transferees Directive, creating new work and residence permits for non-EU/EEA nationals who are transferred within the same corporate group to Austria.
What does the change mean? Once the new rules are implemented, non-EU/EEA managers, specialists or trainees transferred within the same corporate group from outside the EU will be able to apply for ICT permits that will function as both a work and residence permit. 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 Austria for more than 90 days.
- Implementation timeframe: The new law could be implemented as soon as Oct. 1, though an implementation date is not certain at this point.
- 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 Austria; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are transferring to work in Austria for more than 90 days.
- Business impact: The ICT permits will allow for greater intra-Europe mobility, as Austria has joined a growing list of countries to have implemented the EU directive.
Background: Austria recently finalized legislation to introduce ICT permits, 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. Managers and specialists must have at least nine months of experience in their corporate group to be eligible to apply. Trainees must have at least six months of experience. Assignments in Austria cannot be longer than three years for managers and specialists or longer than one year for trainees. Mobile ICT permits, meanwhile, will be available to holders of ICT cards issued by other EU countries who intend to work in Austria for more than 90 days.
BAL Analysis: Austria’s new law should make intra-Europe mobility easier for non-EU intra-corporate transfers. BAL will continue to follow the implementation of the ICT permits in Austria and will provide updated information once the program is formally launched.
This alert has been provided by the BAL Global Practice group and our network provider located in Austria. 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 firstname.lastname@example.org.