Since August 1, 2017, employees of a company from a third country have opportunity to come and work in Germany and in other EU countries as part of company’s internal transfer. Germany has now implemented the European directive on the right of employees transfer within corporations into own legislation and created a new work and residence permit, so-called ICT card (ICT = Intra Corporate Transfer).
An ICT card can only be issued if it is an internal transfer with duration for more than 90 days.
A few questions arise …
Who may apply for an ICT card?
The law defines the following three categories of employees, namely managers, specialists and trainees:
- A manager (German: Führungskraft) is a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent.
- A specialist is a person who possesses specialised knowledge essential to the host entity’s areas of activity, techniques or management, a high level of qualification and appropriate professional experience.
- A trainee is a person with university degree completing a traineeship for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer.
How long an ICT Card may be valid?
The duration of an ICT card is limited to three years for specialists and skilled workers and to one year for trainees.
What are the requirements for an ICT card?
Generally, employees transferred within the company are entitled for an ICT card in case the following requirements of § 19 of German Residence Act are met:
- The foreigner will work as a manager or specialist in the host entity,
- The foreigner has been employed by the undertaking or group of undertakings for at least six months immediately prior to the transfer and will be employed without interruption by the undertaking or group of undertakings during the transfer period,
- The foreigner provides a work contract valid for the duration of the intra-corporate transfer and, if necessary, an assignment letter stating
a) specific information regarding the place and kind of work, remuneration and other terms and conditions of employment during the intra-corporate transfer, as well as
b) evidence that the foreigner will be able to return to an entity belonging to the same undertaking or group of undertakings established outside the European Union after completing the intra-corporate transfer, - The foreigner provides evidence of his or her professional qualifications.
The issuance of an ICT card requires approval from German Federal Employment Agency. As part of the approval procedure, the Federal Agency concludes whether the working conditions of a transferred employee are not less favorable than the working conditions of a comparable German employee.
Do you have any further questions? Please contact jaberi@jaberilawyers.com, we will be happy to help you!
