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:
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 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.
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