The legislative changes due to the implementation
of the EU Intracompany Transferee
(ICT) Directive and the Directive on Students and
Researchers will become effective on August 1. The new laws introduce
two new work permit categories - the ICT Card and the Mobile ICT Card - and new
regulations for foreign nationals seeking to continue their studies, gain work
experience through training programs or perform research and development
activities in Germany.
Intracompany Transfer Directive
The ICT Card will apply to non-EU/European Economic Area qualified managers,
specialists and graduate trainees temporarily assigned from an entity outside
the European Union to an entity in the same corporate group in Germany for a
period of over 90 days. The Mobile ICT Card will apply to those who have an ICT
permit issued by another EU country. For the ICT Card, all third country
nationals have to obtain an entry visa. Visa exemptions are not applicable in
those cases.
Under the new law, foreign nationals in possession of an ICT permit issued by
another EU Member State will be able to work in Germany for up to 90 days in any
180-day period following a notification process. Holders of ICT permits
issued by another EU Member State who seek to work for over 90 days in any
180-day period in Germany will have to apply for a Mobile ICT Card in Germany.
Directive on Students and Researchers
Students holding a Student Permit issued by another EU Member State will be
able to spend up to 360 days of their studies in Germany. These relaxed
rules will also apply to students participating in EU or multilateral student
programs.
Post-graduate trainees will be able to apply for training programs to gain
knowledge, skills and work experience in their areas of expertise.
Employers will be able to utilize these training programs to access
highly-skilled and educated resources from non-EU countries.
Scientists and researchers holding relevant permits from other EU Member States
will be able to perform their activities in Germany for up to 180 consecutive
days during a 360-day period without obtaining additional authorization in
Germany.
What This Means for Foreign Nationals
The new ICT Card will benefit eligible foreign nationals who seek to work in
several EU countries. Interested applicants should consult their immigration
professional about the specific requirements for ICT permits in each EU Member
State where they plan to work, as these could vary. Foreign nationals
under the current ICT Permit in Germany who require an extension should consult
their immigration professional regarding their options before their permit
expires.
The new regulations will also benefit eligible foreign nationals from countries
outside of the European Union seeking to continue their studies, gain work
experience through training programs after graduation and perform research and
development activities in Germany. Interested applicants should consult
their immigration professional about the specific requirements for students,
trainees and scientists in each EU Member State, as these could vary.
This alert is for informational purposes only. If you have any questions,
please contact the global professional with whom you work at Fragomen or send
an email to frankfurtinfo@fragomen.com.
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