ICT Directive Implemented

The situation

Sweden has implemented the EU Intracompany Transferee (ICT) Directive.

A closer look

• Eligibility criteria.  The new ICT permit is available for ICT managers, specialists and graduate trainees from outside the European Union. Applicants must have been employed by the sending entity for three continuous months.  Foreign nationals must receive a salary per the Swedish collective bargaining agreement, or at a level that is customary in the profession or industry. A local trade union must confirm whether the terms of employment meet local standards.
   
• Duration of stay. An ICT permit can be approved for a maximum duration of three years for specialists and managers and one year for a trainee. After the initial period, the ICT must leave Sweden and apply for a new ICT permit from abroad. If the ICT is offered a positon in Sweden that will fall under the rules for a national permit, he or she can submit a national visa application in Sweden.
   
• Application process. Applications must be filed using a paper form. The authorities plan to allow applications via the online application system in April. Applications will be processed within 90 days.  Foreign nationals must be outside the EU when the application is filed and processed. Visa-exempt nationals must collect the approval decision at a consular post abroad before travel. Visa nationals must also collect a residence card before travel.
   
• Programs for ICT permit holders from other EU countries
  • Long-term mobility. ICT permit holders from another EU country can obtain an extended-stay mobility ICT permit for intracompany transfers to Sweden for more than 90 days. The mobility permit cannot be granted for a longer duration than the current permit.
  • Short-term mobility. ICT permit holders from another EU country can travel to Sweden to work for up to 90 days in a 180-day period in the same corporate group. No formalities are required.
  • Dependents. Dependent family members can accompany foreign nationals under both the ICT permit and mobility permit.

 

Impact for employers

Employers should benefit from the increased EU mobility options under the ICT permit. Processing times are lengthy in comparison to other permit types, but this may decrease as the permit is used in practice.

Impact for foreign nationals

Foreign nationals should benefit from increased EU mobility, even beyond the allowable duration of stay under normal Schengen rules.

Fragomen will conduct a case-by-case assessment to determine whether an employee is eligible for the manager and specialist categories.

Looking ahead

The application process and processing times are expected to develop as the permit is used in practice.

Fragomen can support clients to plan an immigration strategy across Europe.

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].