Perspectives

Intra-Corporate Transferees (ICT) Study

Facilitating EU mobility for third-country nationals

We are proud to present our Intra-Corporate Transferees (ICT) Study. The objective of this study is to compare the rules related to Intra-Corporate Transferees in the different countries within the European Union (EU). The ICT Directive complements past harmonization initiatives such as the EU Blue Card and Single Permit Directives. Its objective is to "make it easier and quicker for multinational companies to temporarily assign highly skilled employees to subsidiaries located in the EU. Moreover, the Directive facilitates the mobility of intra-corporate transferees between Member States during their assignments".

Main features of the ICT directive

Scope and conditions:

  • The ICT Directive applies to third country nationals who reside outside the territory of the Member States at the time of application and apply to be admitted or who have been admitted to the territory of a Member State.
  • Individuals who apply to be or are admitted in the framework of an intra-corporate transfer as managers, specialists or trainee employees.
  • Once the scope is fulfilled, a member state cannot apply other (national) permit schemes unless the transfer changes in such a way that the scope is no longer fulfilled.

Process and validity:

  • The ICT application must be filed when the employee is outside the member state and with the authorities of the member state of intended longest stay of the transfer period.
  • Member states will have to decide on the application within 90 days from filing of a complete application.
  • The transfer to the EU on the basis of an ICT permit is limited to 3 years for managers and specialists and 1 year for trainee employees.

Intra-EU mobility:

  • If you are already in the EU on the basis of an ICT permit, you also fall within the scope of the ICT Directive.
  • The ICT Directive introduces short- and long-term mobility on the basis of a valid ICT permit.
  • The ICT Directive prescribes the possibility to start the short- and long-term mobility once the notification or application for a mobile ICT permit has been submitted provided that the maximum duration of stay and validity of the ICT permit have not expired.
  • When the second member state to which the employee is temporarily assigned becomes the member state of longest stay, the ICT permit in the first member state will have to be cancelled and an application for an ICT permit in the second member state will have to be made.

Country comparisons

The ICT study includes participating country by country comparisons with visuals breaking down the following topics:

  • Local implementation status
  • Intra-EU mobility
  • Quota on the number of local ICT permits
  • Seniority and income requirements
  • Average processing time
  • Intra-EU mobility process
  • Dependent's right to work
  • Work at client site
  • Cooling off period
  • Impact of the ICT rules on the Posted Workers Directive

The ICT study furthermore includes a participating country by country summary of the implementation of the ICT Directive. This section provides details on:

  • Implementation
  • Fast track procedures
  • Quotas
  • Processing times
  • Practice
  • Country specific details

The study was compiled in March 2018 by immigration specialists in the Deloitte member firms in each of the jurisdictions mentioned. It is written in general terms and is not intended to provide immigration, legal, or professional advice. You should seek specific professional input before taking any action based on the content of this study and Deloitte has no liability to any person who relies on the information contained herein. We hope that you find the information in the study useful as an informative background to the features and trends for the movement of skilled workers internationally.

If you would like more information, please contact:

Matthias Lommers
Senior Director
Global Employment Services
+32 2 600 65 44
mlommers@deloitte.com

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