1. Dwyer Legal Knowledge Base
  2. Visa and Work Permits
  3. ICT: Secondment work permits / Deputed employees

What is an ICT permit?

The term ICT is standing for "Intra Company Transfer". An ICT permit is the right permit if employees are being seconded from a foreign company of a company group to the German subsidiary of the same company group.

An ICT permit can be applied for, if an employee is being temporarily deputed to a German company, which is part of the same company group, as the company the employee is employed with.

One of the main characterictics of an ICT permit is that the ICT employee is staying on his home country employment contract, so that he also continues to receive his salary from his home country employer.

The German company provides the employee with the work space and might also give to him some additional benefits, such as housing support, a car or add-up payments to the employee. Still, no employment relationship is beeing created between the employee and the German entity.

The issue of an ICT permit requires that

  • the employee has been employed by the company group (by home country employer) for at least 6 months;
  • the employee has high and project specific qualifications;
  • the employee - during his stay in Germany - will be traeted equally to employees of the same qualification, who are employed directly with the German entity (equal tratment principle to apply)
  • there is no intention to stay for longer than 3 yeards in Germany and that
  • the assignee is supposed to return to his home country employment after he / she  has completed the job in Germany.

    An ICT permit requires the approval of the German labour authorities.

    Further details on the requirments are described here.

    Please do not hesitate to contact us should you need additional information or support with processing ICT visa or work permit applications for Germany.

    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.