EU Intracompany Transfer Permit Implemented

The EU Intracompany Transfer (ICT) Permit became available in the Slovak Republic. The new permit applies to non-EU qualified managers, specialists and graduate trainees temporarily assigned from an entity outside of the European Union to an entity in the same corporate group in the Slovak Republic for over 90 days. This permit will be introduced pursuant to the EU ICT Directive.  The national intracompany scheme called the Work Permit based on Assignment continues to be available.

Admission Criteria

Applicants will need to provide an employment contract that includes information about their salary, as well as other conditions of employment. They must also show that they have been employed with the sending company for at least six months before the start of the assignment (or three months in case of trainees). Furthermore, applicants for managerial and specialist positions must provide proof of the required qualifications and experience.

Confirmation that the employee will be able to return to work in their home country must also be provided, as well as proof that the host company in the Slovak Republic belongs to the same employer or group of companies as the employer in the home country.

The Slovak host company must fulfil the following criteria in order to sponsor ICT Permits:

• All tax obligations;

• All obligations related to health insurance payments, social insurance and pension contributions;

• The company is not in bankruptcy, liquidation or forced administration;

• There are no registered unmet claims of company’s employees resulting from the employment relationship;

• The company has a clean record on illegal employment during the last five years prior to submission of an application;

• No fines have been imposed on the company for violation of working conditions during last five years prior to submission of an application;

• The employment contract or employment promise must comply with the legislation; and

• The company must be able to prove that the host company in the Slovak Republic belongs to the same employer or the same group of companies as the assigning entity.

Duration of the Assignment

The ICT Permit can be issued with a validity of up to three years, depending on circumstances. After this initial period, the extension of the ICT Permit will be limited.  The Slovak authorities have yet to announce the specifics of any restrictions on extensions.

Processing Times

The government processing time for the Temporary Residence Permit under the EU ICT category is expected to be 90 days (though applicants with employers on the list of Shared Services Centers are eligible for reduced processing times of 30 days). The Foreign Police will communicate with the Labor Office in order to receive the approval to grant an ICT Permit. All applications for the EU ICT Permit must be submitted through the Embassy of the Slovak Republic in the applicants’ country of residence, as in-country applications are not allowed.

Intra-EU Mobility

Holders of EU ICT Permit in any other EU Member State must spend more than half of the assignment in the country which originally issued their permit.  It is not yet known what requirements will be imposed by the Slovak authorities for short-term and long-term mobility.

Family Members

Family members of EU ICT Permit holders will obtain a Residence Permit for Family Reunification. With this type of permit they are allowed to work in the Slovak Republic.

What This Means for Employers and Foreign Nationals

The new ICT Permit should benefit eligible foreign nationals who seek to work in several EU countries. Interested applicants should consult their immigration professional about the specific requirements for ICT permits in each EU Member State where they plan to work, as these could vary.

Foreign nationals under the current ICT permit in the Slovak Republic who require an extension should consult their immigration professional before their permit expires regarding their options.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].