Short-Term Intra-EU Mobility Provisions of EU ICT Directive Enforceable in Belgium
July 19, 2017
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The Belgian Foreigner’s Office and regional employment authorities have confirmed that the short-term intra-EU mobility provisions under the European Union Intracompany Transferee (EU ICT) Directive are enforceable in Belgium, even without legislation implementing the Directive. Holders of EU ICT Permits issued in another EU Member State may legally stay and work in Belgium for up to 90 days in any 180-day period.
This is in line with the European Commission’s position that the short-term intra-EU mobility provisions of the EU ICT Directive have “direct effect,” even without implementing legislation.
Background
In 2014, the European Union lawmakers adopted a Directive to harmonize immigration rules for intracompany transferees in most EU Member States and facilitate the transfer of managers, specialists and graduate trainees both into and within the region. EU Member States had until November 29, 2016 to implement the directive into their domestic laws from the date it was published in the Official Journal of the European Union.
Belgium is amongst a few Member States that did not meet the deadline to implement the EU ICT Directive into their domestic laws and that remain as not having implementing legislation in place today.
According to the European Commission, holders of EU ICT Permits issued in any EU Member State should have the right to legally stay and work in any other Member State for up to 90 days in any 180-day period. This right has been confirmed by Belgian authorities only at this point.
However, the remaining EU Member States that have failed to pass implementing legislation by the above deadline have yet to officially confirm this right for holders of EU ICT Permits.
Intra-EU Mobility
In addition to permitting work in the EU state that initially grants the permit, the EU ICT Permit allows a transferee to work for entities of the same multinational group in other EU Member States for up to 90 days within a six-month period per Member State.
For these intra-EU work stays based upon an EU ICT permit, a Member State may require, at a maximum, to submit a government notification prior to the employment in the Member State’s territory.
For intra-EU work stays exceeding 90 days, Member States may require a separate EU ICT Mobile Permit application.
What This Means for Employers and Foreign Nationals
Foreign national holders of EU ICT Permits issued in another EU Member State may legally stay and work in Belgium for up to 90 days in any 180-day period on the basis of such permits.
Fragomen Brussels can advise employers on utilizing short-term intra-EU mobility provisions of the EU ICT Directive in Belgium, as well as obtain official confirmation for other EU Member States that have yet to pass implementing legislation.
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].
