Sweden implements ICT directive, introducing new permit categories

15 Mar 18

SWEDEN

IMPACT – MEDIUM

What is the change? Sweden has implemented the European Union’s Intra-Corporate Transferees Directive, creating a new permit category 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 now apply for Swedish ICT permits. Those holding ICT cards issued by another EU country and assigned to work in Sweden may apply for extended-stay mobility ICT permits.

  • Implementation time frame: Ongoing. The change was implemented March 1.
  • Visas/permits affected: ICT permits, extended-stay mobility ICT permits.
  • Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Sweden; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are assigned to work in Sweden.
  • Impact on processing times: Precise processing times are difficult to gauge at this point, but employers should plan for 90 days of lead time.
  • Business impact: The ICT cards will allow for greater intra-Europe mobility. Sweden has joined a growing list of countries that have implemented the EU directive.

Additional information: Sweden recently began accepting applications for the new ICT permits, moving into compliance with the 2014 EU directive.

ICT permits will be available to managers, specialists or trainees who (1) hold a valid passport, 2) have the required professional or educational experience, (3) have an employment contract or trainee agreement from their employer outside the EU/EEA, (4) have obtained or applied for health insurance for the required period of time, (5) have three months of experience with the company at the time of transfer, (6) have the ability to relocate within the same company or corporate group at the end of the assignment and (7) can establish that they are qualified to practice their profession, if working in a regulated profession.

Employers must provide the employee with an offer of employment, compensation that is consistent with collective bargaining agreements or standard pay for the profession or industry, and employment terms that are at least equal to those of employees posted in Sweden and at a level that enables employees to support themselves.

Extended-stay mobility ICT permits will be available to holders of ICT permits issued by other EU countries. Applications must include (1) copies of relevant passport pages, (2) an offer of employment and a statement from a trade union on the terms of employment, (3) an employment contract or trainee agreement from the employer outside the EU/EEA, (4) insurance information, (5) documentation confirming that the employee is qualified to practice his or her profession, and (6) a copy of the current ICT permit. Trainees must also include a degree certificate or similar document from their university.

Applications must be submitted through the mail for now, though an online application system is expected to be operational in April or May.

BAL Analysis: Sweden’s move to implement the directive should ease intra-Europe mobility for non-EU intra-corporate transfers. Some information remains unclear at this time, including whether ICT permit holders will be allowed to work at client sites. Those with questions about how the application process will work should contact BAL.

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

Copyright © 2018 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.