Intracompany Transferee Directive Implemented

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At a Glance

Slovenia created two new work and residence permits and a new government notification process to implement the EU Intracompany Transferee Directive.

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The situation

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

A closer look

• New ICT Work and Residence Permit. As expected, the new ICT permit combines work and residence authorization and can be granted for up to three years for managers and specialists or up to one year for trainees. The permit is issued in one-year increments.
  • Qualification criteria. Applicants must have been employed by the corporate group for at least nine months for managers and specialists or six months for trainees.
  • Application process. Applications can be filed in country by Fragomen on behalf of the host company, or in person by the foreign national at a consulate abroad. Processing time in either case is approximately 45 days, similar to the current Single Permit process.
  • Minimum salary. Foreign nationals must receive a salary comparable to a local worker in the same position, per the applicable collective bargaining agreement; and no less than EUR 842.79 per month; similar to current permit types.
  • Dependents. Dependents of foreign nationals do not receive work authorization automatically.

 

• Long-term mobility permit. ICT permit holders from another EU country can obtain a Mobile ICT permit for intracompany transfers to Slovenia for more than 90 days. The application must be filed within 30 days of entering Slovenia. The foreign national can enter and work in Slovenia while the application is pending. 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 Slovenia to work for up to 90 days in a 180-day period in the same corporate group. The host entity is required to file a simple notification with the Administrative Unit (Slovene Labor Authority) within eight days of the assignment start.

 

• Slovene ICT permit holders. A foreign national with an ICT permit issued in Slovenia can work in another EU Member State for an entity part of the same corporate group. For transfers up to 90 days in a 180-day period, only a notification may be required. For longer transfers, a Mobile ICT permit is likely required in the other EU country.

 

Background and impact

Intracompany transfers and trainees could formerly use the broad Single Permit option. The Single Permit will continue to exist in parallel with the new ICT Permit. Use of the ICT Permit type is however mandatory where eligibility criteria are met.

The ICT permit in Slovenia is beneficial for intracompany transfers as less documentation is needed than with the Single Permit, and since holders benefit from mobility to other EU countries. However, the process takes the same amount of time as the Single Permit option.

Looking ahead

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].