ICT card issuance delayed due to system error

IMPACT – MEDIUM

What is the change? Foreign authorities in Germany are not issuing German Intra-Corporate Transfer cards because of a system integration error.

What does the change mean? Due to the error, German foreign authorities are not issuing ICT cards or Mobile ICT cards. As an interim solution, eligible non-EU/EEA nationals may receive an interim letter or permit that is valid for six months and may be extended.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: ICT cards, Mobile ICT cards.
• Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Germany for more than 90 days; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are transferring to work in Germany for more than 90 days in a 180-day period.
• Business impact: Applicants should expect delays in the issuance of interim permits and a backlog after ICT cards and Mobile ICT cards become available again.

Background: Germany implemented the European Union’s ICT Directive last year, creating two new work permit categories for non-EU/EEA nationals who are transferred within the same corporate group to Germany. Only employees with at least six months of experience in the corporate group are eligible to apply. Assignments in Germany cannot be longer than three years for managers and specialists or longer than one year for trainees. ICT card applicants must apply for the cards before traveling to Germany. Mobile ICT cards are available to holders of ICT cards issued by other EU countries who intend to work in Germany for more than 90 days in a 180-day period.

BAL Analysis: Employers should anticipate delays in issuance of interim permits for non-EU/EEA intracompany transfers, as well as delays once the ICT card and Mobile ICT cards are available. Other permit categories for non-EU/EEA intracompany transfers may be preferable, depending on transferees’ nationality, length of stay and the activities they will conduct while in Germany. Employers should consult with BAL to determine which option is best for any employees they are transferring or posting to Germany.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

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