Intracompany Transferee Directive Implemented

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At a Glance

Poland has created two new permit types and a new government notification process to implement the EU Intracompany Transferee (ICT) Directive.

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The situation

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

A closer look

• New ICT residence permit. The new ICT permit combines work and residence authorization and can be granted for up to three years for managers and specialists, or one year for trainees. Foreign nationals cannot be in Poland or in another EU country when the application is filed, and must collect an entry visa at a consular post abroad before travel.
  • Qualification criteria.
    • Foreign nationals must have been employed by the corporate group for at least one year prior to the transfer, or six months for trainees.
    • The salary threshold for this permit is 70% of the average remuneration in each region (e.g. for Warsaw, this threshold is currently PLN 3,887).
    • Applicants must demonstrate that they have relevant professional qualifications for managers and specialists, or relevant educational qualifications for trainees.

 

• Long-term mobility permit. The mobility permit is available for foreign nationals whose ICT permit was issued by another EU country. Foreign nationals can travel to Poland while the mobility permit application is pending, but cannot start working until the permit has been approved.The mobility permit can be issued for no longer than the validity of the existing ICT permit.

 

• Short-term mobility. ICT permit holders from another EU country can travel to Poland 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 Head of the Office for Foreigners before the foreign worker’s travel.

 

Impact for employers

New options under the new permit will be useful for multinational employers who need assignees to work in several EU countries. Despite extensive document requirements and expected long processing times, the ICT permit route may be quicker than obtaining separate work authorizations in each EU country in which the assignee is expected to work.

For employers seeking to post an employee to Poland only, the existing work permit and visa route is likely to remain the preferred option, because the ICT permit has more extensive document requirements and a longer processing time.

Impact for foreign nationals

ICT permit holders benefit from mobility to other EU countries, even beyond the allowable duration of stay under normal Schengen rules.

The existing work permit and residence permit for posted workers and  continue to exist in parallel with the new permit.

Looking ahead

It remains to be seen how the immigration offices’ practice will develop with regard to the new permits, in particular regarding processing times. Despite the statutory guidelines to process ICT permit applications within three months, it is likely that the actual processing time will be similar to other types of residence permits – i.e. from four up to even 12 months, depending on the region.

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].