ICT stands for Intra-Company-Transfer and describes a visa and work Permit 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 by a foreign company of an international company group
- which also has an 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;
- 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.
Please do not hesitate to contact us should you need additional information or support with processing an ICT or work permit.
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.