Portugal moves to implement ICT directive

IMPACT – MEDIUM

What is the change? Portugal has moved toward implementation of the European Union’s Intra-Corporate Transferees Directive, passing a law that will create new ICT permits for non-EU/EEA nationals who are transferred within the same corporate group.

What does the change mean? Once the law takes effect, non-EU/EEA managers, specialists or trainees transferred within the same corporate group from outside the EU will be able to apply for ICT permits. Non-EU/EEA managers, specialists or trainees holding ICT cards issued by another EU country may apply for Mobile ICT permits if they intend to work in Portugal for more than 90 days.

• Implementation time frame: Ongoing. The law was published Aug. 28 and will be implemented Nov. 26, 90 days after publication.
• Visas/permits affected: ICT permits, Mobile ICT permits.
• Who is affected: Non-EU/EEA managers, specialists or trainees transferring from outside the EU to work in Portugal; non-EU/EEA managers, specialists or trainees who hold an ICT permit in another EU country and are transferring to work in Portugal for more than 90 days.
• Business impact: The ICT permits will allow for greater intra-Europe mobility, as Portugal will join a growing list of countries to have implemented the EU directive.

Background: In August, Portugal published Law 102/2017, which transposes the EU ICT directive into domestic law. The law also transposes EU directives on seasonal workers (Directive 2014/36/EU) and students and researchers (2016/801/EU), though the ICT directive will likely have the greatest impact for high-skilled mobility.

BAL Analysis: A number of questions about the exact requirements for ICT permits remain unanswered, and Portugal is still about a month away from making the permits available. On the whole, however, Portugal’s new law should make intra-Europe mobility easier for non-EU intra-corporate transfers. BAL will continue to follow Portugal’s implementation of the EU ICT 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 Portugal. For additional information, please contact your BAL attorney.

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