ICT stands for Intra-Company-Transfer and describes a visa and work permit type for employees, who are supposed to be posted to Germany or Europe within an international company group.
ICT visa are defined with § 19 b AufenthG and require the approval by the German labour authorities. To qualify for an ICT permit (> 90 days), the following requirements have to be fulfilled:
From a general / company perspective, the employee
- must be employed with a foreign company entity of an international company group
- which also has a company entity (subsidiary) in Germany and
- the employee has to be foreseen to be posted from the foreign entity to provide work in the German entity.
Form a personal / employment perspective, the employee
- must be working
- in a leading position,
- as a company specialist or
- as a trainee
- must have been pre-employed for a period of at least 6 months with the foreign company entity
- must be offered the same working conditions as equivalent employees who are directly employed with the German company entity
- must be obliged to return to his work place in his home country after the German project has been completed
- must not be supposed to stay for more than 3 years in Germany.
No German employment contract must be offered to the employee.
Dwyer Legal Law Firm, Schwanthalerstr 13, Aufgang IV, 80336 Munich
Tel: +49 (0)89 24 88 14 310, www.dwyer-legal.com
Note: Information provided in this Knowledge Database is for orientation only and not binding.