EU Intracompany Transferee Permit to be Implemented

The new EU intracompany transferee (ICT) Permit will become available in Austria on October 1, 2017. The new permit will apply to non-EU qualified managers, specialists and graduate trainees temporarily assigned from an entity outside the European Union to an entity in the same corporate group in Austria for over 90 days. The new permit was introduced pursuant to the 2014 EU ICT Directive.

Admission Criteria

The ICT Permit will be available for managers and specialists who have worked at a sending entity in the same corporate group as the host company for at least nine months, or six months for graduate trainees.

All applicants must meet Austrian minimum salary, employment and social insurance conditions.

Duration of the Assignment

The ICT Permit can be issued for an initial duration of up to three years for managers and specialists and up to one year for trainees. After this initial period, the foreign national must leave Austria and can only apply for a new ICT Permit from their non-EU country of residence after a four-month cooling-off period.

Processing Times

Initially, the processing time for the ICT Permit is expected to be between 60 and 80 days.

Intra-EU Mobility

Under the new law, foreign nationals in possession of an ICT permit issued by another EU Member State will be able to work and stay in Austria for up to 90 days in any 180-day period.

The sending entity must file an online KIAB/ZKO declaration, which is a notification required for foreign nationals sent on temporary assignment from their home employer to Austria, before the applicant’s travel.

For stay longer than 90 days in a 180-day period, the sending entity must apply for a Mobile ICT permit. The intended stay in Austria may not be longer than the stay in the other EU Member State issuing the initial ICT permit.

All applicants must meet Austrian minimum salary provisions.

Accompanying Family Members

Qualifying dependents will be able to join the ICT Permit holder for the duration of the assignment in Austria, and may be permitted to work there. Qualifying dependents may also join a Mobile ICT Permit holder.

What This Means for 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.

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].