Poland implements ICT directive, introducing new permit categories
7 Mar 18
IMPACT – MEDIUM
What is the change? Poland has implemented the European Union’s Intra-Corporate Transferees Directive, creating new permit categories and new notification processes for non-EU/EEA nationals who are transferred within the same corporate group.
What does the change mean? Non-EU/EEA managers, specialists or trainees who are transferred within the same corporate group from outside the EU for more than 90 days may apply for Polish ICT residence permits. Non-EU/EEA managers, specialists or trainees holding ICT cards issued by another EU country may apply for long-term mobility permits if they intend to work in Poland for more than 90 days in a 180-day period. Those holding ICT cards issued by other EU countries intending to work in Poland for less than 90 days do not need to obtain a separate residence permit, but must complete a newly established notification process.
- Implementation time frame: Immediate and ongoing.
- Visas/permits affected: ICT residence permits, long-term mobility permits.
- Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Poland 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 Poland.
- Impact on processing times: Permit applications should be decided within 90 days, but precise processing times are difficult to gauge because the permits first became available in February.
- Business impact: The ICT cards will allow for greater intra-Europe mobility, as Poland has joined a growing list of countries that have implemented the EU directive.
Background: Poland recently finalized rules for issuance of the new ICT permits, moving into compliance with a 2014 EU directive aimed at making it easier for high-skilled non-EU nationals to work in several EU countries.
ICT permits will be available to managers, specialists or trainees who (1) have adequate professional qualifications (or university degree for trainees); (2) have been employed by the corporate group for at least 12 months (or six months for trainees); (3) have health insurance; (4) have secured a residence for their time in Poland; (5) have the ability to return to the sending company or another entity in the same corporate group upon completion of their assignment in Poland; and (6) have a written employment agreement that includes the period of time the transfer will cover, the location of the company headquarters and the employee’s position and salary. Assignee salaries must be the same as the salaries paid to employees in similar positions and cannot be less than 70 percent of the average salary in the region in which the employee is working.
Applications may be rejected for assignees who are assigned to another EU country before Poland, work for a company headquartered within the EU, run their own business, already reside in Poland (except when applying for renewals) or work for a company found to have violated Polish labor law. Assignments in Poland cannot be longer than three years for managers and specialists or longer than one year for trainees. Authorities have reserved the right to set a cap on the number of ICT permits that they will issue, but so far no caps have been put in place.
Long-term mobility permits, meanwhile, will be available to holders of ICT cards issued by other EU countries who intend to work in Poland for more than 90 days in a 180-day period. Applicants must meet the same criteria (listed above) as ICT permit applicants and can have their applications rejected for the same or similar reasons. ICT card holders transferred to Poland for shorter assignments do not need to obtain permits, but the sending company must provide notice of the employee’s transfer. The notification must include the name of the country that issued the initial permit, the name and address of the Polish host company and the assignee’s name, date of birth, place of birth, gender, nationality, job title and the intended period of work in Poland
BAL Analysis: Poland’s move to implement the directive should help make intra-Europe mobility easier for non-EU national intra-corporate transfers.
This alert has been provided by the BAL Global Practice group and our network provider located in Poland. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact firstname.lastname@example.org.