Intracompany Transferee Law Implemented but not Effective

The situation

Greece has introduced legislation implementing the EU Intracompany Transferee (ICT) Directive.

A closer look

• Permit details. The new ICT permit combines work and residence authorization and can be granted for up to three years for managers and specialists, or one year for trainees. Foreign nationals cannot be in Greece or in another EU country when the application is filed, and must collect an entry visa at a consular post outside the European Union before travel. Family members can accompany the foreign national and will be allowed to work. 

 

• Qualification criteria.
  • Foreign nationals must have been employed by the corporate group for at least one year prior to the transfer, or six months for trainees.
  • The foreign national should receive a salary similar to an equivalent position held by a Greek national.
  • Applicants must demonstrate that they have relevant professional qualifications for managers and specialists, or a university degree for trainees.
  • Applicants must hold health insurance with the same level of coverage as Greek national health insurance for the duration of their assignment.
  • Specialist and trainee applications may be subject to a national quota, to be established by ministerial decision.

 

• Long-term mobility permit. ICT Permit holders from another EU country travelling to Greece for more than 90 days in a 180-day period for work at an entity in the corporate group must file a local application before starting work.

 

• Short-term mobility. ICT Permit holders travelling for less than 90 days must file a notification with the Ministry of Migration and the Labor Authority before starting work.  

 

• Effective date. The law introducing the ICT Permit requires a presidential decree to describe the procedure and confirm supporting document rules. The Ministry of Interior has confirmed that it will not accept any ICT Permit applications until the decree is issued. 

 

Impact

Until the presidential decree is issued, the impact for employers and foreign nationals will be limited. Short-term mobility was already allowed per a European Commission instruction.  

Looking ahead

It remains to be seen how the presidential decree will give practical effect to the ICT Permit in Greece.

It is likely that the government will introduce a quota for specialists and trainees (but not for managers) when the ICT Permit is implemented.

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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].