When it comes to the choice of the correct visa to obtained for an engagement of highly qualified employees typically the following visa options apply: Blue Card and ICT visa. This article describes the differences between these visa type
A Blue Card is a special visa and residence permit that has been developed for highly qualified employees to work in Germany.
The condition "highly qualified" is typically fulfilled if an employee is holding a university degree which is recognized in Germany. To understand if and to show that the university degree has been recognized, both, the university and the degree type have to be listed in the official German Anabin-database.
Also, a Blue Card visa will only be issued in case of a direct employment of the assignee with a German company entity and if the minimum salary levels defined by the German labor authorities each January for the current year are being met.
In contrary to a Blue Card, an ICT visa is not provided for local engagement but only in secondment situations. Therefore, an ICT permit also does not require a direct employment with the German company entity.
As a consequence, an ICT assignee will also typically get his salary from his employer in this home country and not from the German company entity.
Also, an applicant for an ICT visa does not necessarily have to hold a university degree, but needs to show a certain company internal knowledge and a 6 monthly pre-employment with his home country employer.
ICT visa are limited to a maximum duration of 3 years.
An additional requirement for ICT processing is that the foreign company entity (employing entity) and the Germany company entity (hosting company) are both members of the same company group.
Please do not hesitate to contact us, if you need additional information or support before filing an application.
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.