EU Intracompany Transferee Directive and Directive on Students and Researchers Take Effect August 1

The legislative changes due to the implementation of the EU Intracompany Transferee (ICT) Directive and the Directive on Students and Researchers will become effective on August 1.   The new laws introduce two new work permit categories – the ICT Card and the Mobile ICT Card – and new regulations for foreign nationals seeking to continue their studies, gain work experience through training programs or perform research and development activities in Germany.

Intracompany Transfer Directive

The ICT Card will apply to non-EU/European Economic Area qualified managers, specialists and graduate trainees temporarily assigned from an entity outside the European Union to an entity in the same corporate group in Germany for a period of over 90 days. The Mobile ICT Card will apply to those who have an ICT permit issued by another EU country. For the ICT Card, all third country nationals have to obtain an entry visa. Visa exemptions are not applicable in those cases.

Under the new law, foreign nationals in possession of an ICT permit issued by another EU Member State will be able to work in Germany for up to 90 days in any 180-day period following a notification process.  Holders of ICT permits issued by another EU Member State who seek to work for over 90 days in any 180-day period in Germany will have to apply for a Mobile ICT Card in Germany.

Directive on Students and Researchers

Students holding a Student Permit issued by another EU Member State will be able to spend up to 360 days of their studies in Germany.  These relaxed rules will also apply to students participating in EU or multilateral student programs.

Post-graduate trainees will be able to apply for training programs to gain knowledge, skills and work experience in their areas of expertise.  Employers will be able to utilize these training programs to access highly-skilled and educated resources from non-EU countries.

Scientists and researchers holding relevant permits from other EU Member States will be able to perform their activities in Germany for up to 180 consecutive days during a 360-day period without obtaining additional authorization in Germany.

What This Means for Foreign Nationals

The new ICT Card will 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 Germany who require an extension should consult their immigration professional regarding their options before their permit expires.

The new regulations will also benefit eligible foreign nationals from countries outside of the European Union seeking to continue their studies, gain work experience through training programs after graduation and perform research and development activities in Germany.  Interested applicants should consult their immigration professional about the specific requirements for students, trainees and scientists in each EU Member State, as these could vary. 

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