Update on German Immigration – New ICT Directives | Hudson McKenzie

Update on German Immigration – New ICT Directives

June 22, 2017 | Immigration, Latest Thinking, News

Effective 1 August 2017, certain new ICT Directives will be introduced. The German Parliament will be implementing changes to their immigration law in to Germany, which will affect the following Directives:

  • 2014/66/EC (ICT)
  • 2014/36 /EC (Seasonal Workers)
  • 2016/801/EC (REST)

The new law will allow third-country nationals who have been sent by their employer abroad, to work either as:

  • Chief Executive Officer
  • Chief Financial Officer
  • Comparable Manager
  • Specialist
  • Trainee

at a group company in any of the EU countries implementing the directive.

The countries which have opted out of this Directive are UK, Ireland and Denmark.

Eligibility requirements

The new national provisions establish a specific ICT Card for Germany. The third country national has to be employed by the host entity in Germany which is part of the same company or company group as the entity that employs them outside the EU.

The manager would be responsible for:

  • directing the host entity or one of its departments
  • powers in HR related matters
  • reporting mainly to directors or shareholders

The specialist would have to have:

  • essential and specific knowledge on the area of business, the procedures or the administration of the host entity
  • a high level of qualification and relevant experience

The trainee would have:

  • to hold a university degree
  • to undergo a paid traineeship during which, as part of the professional development, a training in business techniques and methods is provided

To be eligible under this scheme, third country nationals would be required to obtain in Intra-company Transfer permit from the country which they intend to spend the majority of their time in.

For example, if they intend to work and reside in Germany, they would submit an application with the German Embassy in their place of residence. If the country has a specific visa waiver with Germany, this would not apply for ICT permits, they would file an application to ensure they meet all the requirements, such as, the job to be undertaken, salary and the employment conditions and how they compare to the German Employees.

Time that can be spent on the ICT Permit

For those applying as CEO or Specialist, there would be a cap of three years, whilst one year for those applying as a Trainee.

If you would like further information on the new ICT Directives, please feel free to contact our Immigration Lawyers in London on +44(0)20 3318 5794 or email us at londoninfo@hudsonmckenzie.com.