Germany – ICT Directive Implemented

What has changed

Effective immediately, the German parliament has implemented an ICT Directive which intends to regulate the conditions for entry and residence of thirty-country nationals within the intra-company transfer (ICT) process. Please see ‘What to expect’ for further details.

Who is affected?

  • Employees working at the same group of companies for at least six (6) months being sent to Germany on an intra-company transfer
  • Employees working at the same group of companies for less than six (6) months intending to be sent to Germany on an intra-company transfer
  • Clients transferring employees to the same group of companies from another EU country to Germany

 What to expect

The ICT Directive provides two different categories: firstly, third-country nationals who want to enter Germany directly from their home country (third-country); secondly, third-country nationals who already hold an ICT residence permit in another European Union (EU) Member State and are transferred to Germany for short or long-term transfer within the same group of companies.

The law divides it as follows:

1) ICT card for intra-company transferred workers (third-country nationals) must fulfill the following requirements:

-Transfer must take place within the same company group.

-The employee must be either a leader (e.g. manager with leading function) or a specialist.

-Employee must have been with the company for at least six (6) months.

-The transfer must be for more than ninety (90) days, but cannot exceed three (3) years

-An approval from the Federal Employment Agency must be obtained in advance.

-For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer.

-The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee.

2a) Short-term mobility for intra-company workers (third-country nationals) must fulfill the following requirements:

-Application in Germany up to ninety (90) days within 180 days.

-The assignee has a valid residence permit issued by another EU Member State pursuant to the ICT Directive.

-Proof that the domestic branch office belongs to the same company/group

-Must have a valid passport.

-Confirmation on the entitlement to enter and residence for the purpose of intra-company transfer issued by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge BAMF).

2b) Mobile ICT Card must fulfill the following requirements:

-Transfer must take place within the same company/company group.

-The assignee must either be a leader (e.g. manager with a leading function) or a specialist.

-The assignee has a valid residence permit issued by another EU Member State according to the ICT Directive.

-The transfer is for more than ninety (90) days.

-An approval from the Federal Employment Agency must be obtained in advance.

-For the duration of the transfer, the assignee must have a valid assignment contract with his/her home employer and return to the home entity after the transfer.

-The remuneration (salary and monetary benefits) and working conditions (working time, leave, wage advancement in case of illness, etc.) must be comparable with a local employee.

If the application was submitted at least twenty (20) days before the start date of the assignment and the assignment has already been submitted to the authorities of the other EU Member State on the first application, the stay and assignment in Germany will be allowed for a period of up to ninety (90) days before the decision was made by the German authorities.

Please note there will be a period of transition as the authorities will need some time to get use to the new process. We anticipate having more details on the practical implementation and application procedures to share with you in the near future.

What you need to do
Planning ahead
  • Contact your Emigra Worldwide representative for further details on how these updates may impact you or your client.