Sweden to implement ICT directive March 1

IMPACT – MEDIUM

What is the change? Swedish officials have said that they will implement the European Union’s Intra-Corporate Transferees Directive on March 1, 2018.

What does the change mean? Once implemented, non-EU/EEA managers, specialists and interns who are transferred within the same corporate group from outside the EU will be able to apply for ICT permits. Non-EU/EEA managers, specialists or interns holding ICT cards issued by another EU country will be able to apply for ICT permits for long-term mobility if they intend to remain in Sweden for more than 90 days.

• Implementation time frame: March 1, 2018.
• Visas/permits affected: ICT permits.
• Who is affected: Non-EU/EEA managers, specialists or interns transferring from outside the EU to work in Sweden; non-EU/EEA managers, specialists or interns who hold an ICT permit in another EU country and are transferring to work in Sweden for more than 90 days.
• Business impact: The ICT permits will allow for greater intra-Europe mobility, as Sweden will join a growing list of countries to have implemented the EU directive.
• Next steps: Swedish authorities are expected to provide more information on application requirements by the end of the year.

Background: The EU’s ICT Directive provides a framework for non-EU/EEA nationals moving to the EU within their corporate group. The United Kingdom, Denmark and Ireland are not party to the agreement, but the countries who are must incorporate the directive into their domestic laws. The directive allows for some flexibility in how the different member states implement it. Germany, Austria and Portugal are among the countries that have moved to implement the directive in recent months, following a number of other EU countries that began issuing new ICT permits in 2016 or early 2017.

BAL Analysis: A number of questions about the exact requirements for ICT permits remain unanswered, and Sweden is still months away from making the permits available. On the whole, however, the implementation of the directive should make intra-Europe mobility easier for non-EU intra-corporate transfers. BAL will continue to follow Sweden’s implementation of the directive and will provide updated information once it becomes available.

This alert has been provided by the BAL Global Practice group and our network provider located in Sweden. For additional information, please contact your BAL attorney.

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