Implementation of EU Intracompany Transferee Permit

The new EU intracompany transferee (ICT) Permit became available in Latvia as of May 1, 2017, with a transition period until August 31, 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 Latvia 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 the sending entity for at least six months, while for graduate trainees there is no minimum period of experience with the sending company.

Although no specific salary requirements or exceptions have been set for the ICT Permit, applicants are subject to the general requirements applicable to all foreign nationals applying for temporary residence permits. The market salary requirement is the average monthly salary in Latvia, which is currently EUR 859, as per the Latvian Bureau of Statistics.

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 Latvia and can only apply for a new ICT Permit from their non-EU country of residence after a six-month cooling-off period.

Processing Times

Initially, the processing time for the ICT Permit is expected to be approximately four weeks. This is the same as the processing time for a regular residence permit.

Accompanying Family Members

Qualifying dependents will be able to join the ICT Permit holder for the duration of the assignment in Latvia, and will be permitted to work there.

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 in Latvia for up to 90 days in any 180-day period. Normally, no notification procedure is required for short term intra-EU mobility. However, in some cases, Posted Workers notifications do also apply for ICTs.

Regarding ICT Permit holders who seek long-term work stays of over 90 days in a 180-day period in Latvia, Latvian authorities have indicated that further guidance on this will be provided in September.

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].