Intracompany Transferee Directive Implemented

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At a Glance

Finland 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

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

A closer look

• New ICT work and 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 up to one year for trainees.

  • Qualification criteria. Applicants must have been employed by the corporate group for at least three to 12 months for managers and specialists or three to six months for trainees.

  • Application process. A foreign national files their application at a Finnish consulate, either within or outside the European Union. Processing time is under 90 days.

  • Minimum salary. Foreign nationals must receive a salary per the applicable collective bargaining agreement, similar to other permit types in Finland.

  • Dependents. Dependent family members can accompany a foreign national under this program provided that the principal applicant has sufficient funds to support them. Dependents will benefit from automatic work authorization.

• Long-term mobility permit. ICT permit holders from another EU country can obtain a Mobile ICT permit for intracompany transfers to Finland for more than 90 days. The application must be filed at least 20 days before the transfer. The mobility permit cannot be granted for a longer duration than the current permit, and the current permit must remain valid for the duration of the assignment in Finland.

• Short-term mobility. ICT permit holders from another EU country can travel to Finland 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 Finnish Immigration Service.

• Finnish ICT permit holders. A foreign national with an ICT permit issued in Finland 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

Finland already offered an intracompany transfer permit option and an internship permit option. The current amendments mostly provide more intra-EU consistency and transparency by aligning the eligibility criteria and process with the Directive.

Legislation was passed effective January 1, 2018, but further information on how the Immigration Service will apply the legislation in practice is not yet available. An estimated publication date for such information is also not yet published.

Impact for employers

The process and benefits under the ICT permit are very similar to the existing Special Expert category.

The amendments were tailored to mostly benefit agricultural seasonal workers.

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.

Current national permit types continue to exist in parallel. Use of the ICT Permit type is however mandatory where eligibility criteria are met.
 

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].