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Mobility in the EU in case of intra-corporate transfer ,
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Link to the information hotline "working and living in Germany"
Source: © Make it in Germany
If you are a manager, specialist or trainee of a company from a third country, it is possible for you to come to Germany and other EU States by way of an intra-corporate transfer and to work for your company here.
You will receive an ICT (intra-corporate transfer) Card in the EU Member State in which you are to spend the longest period of time during the transfer. This residence title also provides you with the flexibility to work for your company in other EU States.
Information on the conditions pertaining to the issuance of the ICT Card for Germany is to be found under "Intra-corporate transfer" (see "Further information").
If you already have an ICT Card from another EU Member State and wish to come to Germany, you will find all the information you need below.
What are managers, specialists and trainees?
A manager is a person who is employed in a key position and is primarily in charge of a business establishment, department or sub-division of a company.
A specialist possesses crucial specialised knowledge relating to a field of work, a process or administrative aspects at the business establishment where he or she is to be deployed.
A trainee is a graduate who is undergoing a graduate training programme at a company in order to acquire key skills for their future work within the company or the group of companies concerned.
Deployment in Germany for up to 90 days
If you plan to spend the majority of your stay in another EU State, you will receive an ICT Card there. This will enable you to work for up to 90 days at a German location of your company within a 180-day period without a German residence title for the purposes of "short-term mobility". It is sufficient for your employer to notify the Federal Office for Migration and Refugees accordingly in advance. This notification should be made as soon as the intention to transfer to Germany within the company is known, and absolutely must be received in full before you enter the country. The notification can be submitted in electronic form from abroad. It is not necessary for you to present yourself in person to any German authorities.
The Federal Office for Migration and Refugees will issue you with a certificate confirming your entitlement to short-term mobility as an intra-corporate transferee. The certificate is declaratory in nature, and is not absolutely necessary in order to enter the country.
Your employer must submit the following documentation in electronic form:
- a residence title issued by the first EU Member State and bearing the designation "ICT",
- proof that the branch which is to employ you belongs to the same group of companies as the company in the third country at which the third-country national is employed,
- an employment contract and, if appropriate, a letter of secondment, and
- a recognised, valid passport/replacement passport,
- a professional licence (if needed).
All the documents must be submitted in German.
Note for the branch in Germany: As a rule, the notification may only be made by the branch. It can be uploaded via the following MoNa web-application: https://nks.bamf.de
In order to have access to MoNa, you will need to have signed MoNa’s conditions for use; a scanned, signed copy must be sent to the Federal Office via the BSCW server. The branch will then receive a registration code to use the Delegated User Administration (DeBeV) in order to manage its staff’s access to MoNa, along with the appropriate instructions for use.
You can find more information on registration and transmission at "Further information/Downloads").
Deployment in Germany for more than 90 days
If you wish to work at a German branch of your company for longer than 90 days, you will require a Mobile ICT Card in Germany.
Good to know!
When an ICT Card or Mobile ICT Card is issued in Germany, the holder’s spouse or life partner and any minor, unmarried children also receive a residence permit for the same period.
There are two ways to apply for a Mobile ICT Card:
Applying from abroad:
You will have to send the application to the competent immigration authority at the location of the branch at least 20 days before entering Germany. Alternatively, the application may also be sent via the BSCW server to the Federal Office for Migration and Refugees (https://bscw.bund.de). The competent immigration authority will decide on the application.
If you have submitted the application 20 days before entering the country, you may already stay and work in Germany for up to 90 days within 180 days until the decision of the immigration authority has been taken.
Applying from Germany:
If you are already in Germany for the purposes of short-term mobility, but wish to stay here for longer than 90 days for the purpose of an intra-corporate transfer, you will need to submit your application no later than 20 days before the end of your short-term mobility to the immigration authority that is responsible for your place of residence.
You can apply for a mobile ICT Card if you meet the following requirements:
- You are a holder of an ICT Card from another EU State that is valid for the duration of the application procedure in Germany,
- you will be working in the host branch in Germany as an executive, specialist or trainee,
- the intra-corporate transfer is to last longer than 90 days, and
- you are able to present an employment contract that is valid for the duration of the intra-corporate transfer and, where appropriate, a letter of secondment.
Important: The application for a Mobile ICT Card must not be submitted at the same time as a notification of short-term mobility.
The legal basis
The Residence Act
- Section 19
- Section 19a
- Section 19b