Availing of the Intra-Corporate Transfer Card
The ICT Card should be applied for in cases where the company wishes to send non-EU workers from branches outside of the EU to those inside the EU. This measure must however be used in cases where the posting extends beyond 90 days. The validity of the ICT Card depends on the level of the applicant in question as in the case of managers and specialists it applies for between 90 days and 3 years whereas for trainees it is for a period of between 90 days and 1 year. The benefit of the ICT Card is that it increases ease of movement for professionals. Compared to the more complicated requirements for other forms of visas, the ICT Card is much more straightforward. It also permits workers (within set limits) to work across European borders.
Another option available is the Mobile ICT Card. The Mobile ICT Card will be outlined in more detail below. Essentially, the Mobile ICT card is in place to allow for employees who are non-EU citizens to easily move between EU countries should their company send them to a branch of the business in another country. An example of this is: a company wishes to send a manager with Canadian citizenship from a company branch in France to one in Germany. The Mobile ICT Card streamlines this process.
Application Procedure for the Intra-Corporate Transfer Card
In applying for the ICT Card one should be aware of the necessary requirements involved. Although it is possible that the application will be processed prior to this deadline one should apply for their card 90 days in advance. The individual or their company can be the ones to make the application. Here are some of the requirements to bear in mind when applying for the ICT Card:
- The company’s employee has been employed for a minimum of 6 months,
- The applicant in question is not in the probationary period of their work contract,
- The employee is a non-EU citizen and is being sent to a branch of the company in the EU,
- The company will continue to employ the applicant throughout their stay,
- The employee has a university degree/other proof of the required skillset,
- The contract is for between 90 days and one year (in the case of a trainee) and 90 days and three years (for specialist/manager).
It is to be noted that the ICT Card is not designed for internships. Therefore the transferee in question must be an employee of the company. The duration of the assignment is also important to bear in mind. Applications can be rejected if they do not fulfil the requirements as laid out for. Furthermore, the employee must also be provided with working and salary conditions that are applicable to German workers. Thus, the ICT Card should not be used as a means to undercut the workforce by providing below regular German working conditions.
The ICT Card is valid for a period of three years for managers and specialists whereas for interns it is only valid for one year. Availing of a second ICT Card is possible following the expiration of the original, however a cooling-off period is required before the new one can be applied for. When doing so in Germany the cooling-off period is for six months.
The Mobile ICT Card
As mentioned above there is also the option of the Mobile ICT Card. This card is designed to further increase mobility of workers within the European bloc. This card allows a worker who has been stationed with their company in one European country to work in a different subsidiary in another European country. The card is intended for workers who will be residing in the second country for a period of over 90 days. For example, a manager from America who has an ICT Card to work in France can work in Germany for over 90 days using a Mobile ICT Card.
However, the period of time that the worker in question is based in the second country (for which the Mobile ICT Card is valid for) must not spend more time there than the country for which they received the original ICT Card. In the example above: the American manager cannot spend more time in Germany (for which they have a Mobile ICT Card) than they do in France (for which they an ICT Card). Furthermore, the subsidiary with which the employee is based must notify the German Federal Office for Migration and Refugees (BAMF) in advance. In cases where the worker will be stationed in the other subsidiary for under 90 days in a 180 day window do not require the Mobile ICT Card.