ICT card, § 19 Residence Act
All information on inter-corporate transfers (ICT) and postings of employees
HERE YOU LEARN ...
... what the ICT card is and what advantages the ICT card has
... under what conditions the ICT card can be applied for
... which documents are required to apply for an ICT card and how the application process at the Federal Employment Agency works
...how to apply for a visa for an ICT card
Written by:
Attorney
Publication date:
17.03.2024
Reading time
11 mins
Table of Content
1. ICT card and long-term postings
1.1 What is an ICT card?
1.2 Advantages of the ICT card
1.3 Difference between ICT Card and EU Blue Card
1.4 Mobile ICT card
2. Requirements of the ICT card
2.1 Group or corporate group
2.2 Employee is manager or specialist
2.3 Duration of the assignment
3. Application process and required documents
4. Entry and residence permit for the ICT card
5. Alternatives to the ICT card
1. ICT Card and Long-Term Postings
What is an ICT card?
The ICT card is a residence permit or visa that allows a foreigner to be transferred within a company. The ICT card has its origins in European law (Directive 2014/66/EU (ICT Directive)). The ICT card makes it possible to temporarily assign or send a foreigner to a German branch of a corporation, international company or group of companies. The ICT card is similar to the EU Blue Card and is designed for highly qualified employees (managers, specialists or trainees) and is therefore part of the Federal Government's skilled worker immigration strategy.
What are the advantages of the ICT card?
Compared to other forms of posting, the ICT card has numerous advantages. In particular, under certain conditions it can also be applied for by less qualified workers who would otherwise have no immigration options. There is also no formal salary limit, as is the case with the EU Blue Card, for example. The ICT card also enables long-term posting, as it can only be applied for if the stay is longer than 90 days. In comparison, short-term Schengen postings can only be applied for for up to 90 days.
What is the difference to the EU Blue Card?
The ICT card is specifically designed to enable flexible deployment of workers and the transfer of workers between different branches. This makes the ICT card particularly relevant for companies and corporations that are active in Europe and worldwide. There is a right to be issued with the ICT card. In contrast, the EU Blue Card is a work-related residence permit that is not specifically designed for business associations. The EU Blue Card therefore has significantly higher requirements in terms of the qualifications and salary required.
What is a Mobile ICT Card?
The Mobile ICT Card is a German residence permit for employees in the EU that is issued when the employee has received an ICT card in another EU member state. These employees can then be transferred further within the EU. If the requirements for issuing the Mobile ICT Card residence permit are met, the application can be submitted to the responsible immigration authority.
2. What are the requirements for the ICT card?
The ICT card is generally issued under the following conditions:
2.1 Secondment within a corporation or group of companies
The ICT card is only used for postings within the same corporation or group of companies. Postings to other companies (e.g. to perform contractually agreed services) are not possible with the ICT card and were not intended by the legislator. Whether the posting takes place within a corporation or an international group of companies is checked by the Federal Employment Agency.
What is a group of companies?
A group of companies is made up of several companies that form a higher-level organizational unit through legal and financial connections and are organized and managed by a central office. These are usually legally independent branches that are controlled by a holding company under corporate law. The existence of such a connection must be proven to the Federal Employment Agency when applying for the ICT card (e.g. by means of register extracts). The decisive factor is usually that one company holds the majority of the capital or voting rights in a corporate body of the other company.
2.2. Seconded employee is a manager or specialist
Not every employee of a company is suitable for posting with the ICT card. In this respect, the employee must have a certain level of qualification in order to be considered for an ICT card. As a rule, the posted person must be a manager or a specialist. Managers are all employees who have at least a partially managerial role. As a rule, they have the authority to make personnel decisions and to independently dispose of company resources.
On the other hand, company specialists can also be sent. A company specialist does not have to be given a management role. He can be sent solely on the basis of his company-related expertise. Nevertheless, the specialist must have appropriate experience and, as a rule, a higher salary. However, these requirements are not mandatory, but merely an indicator. In principle, anyone who carries out a specific task in the company that requires company-specific knowledge can apply for the ICT card.
2.3 Deployment lasts at least 90 days
Another requirement for applying for an ICT card is that the assignment in the German branch lasts at least 90 days and no more than 3 years. For trainees, the maximum duration is 1 year. The ICT card can only be applied for again after 6 months. If the length of stay is less than 90 days, an ICT card cannot be applied for. In this case, a so-called Schengen hybrid visa must be applied for.
What is a Schengen hybrid visa?
The Schengen hybrid visa is a Schengen visa that allows a stay of up to 90 days in Germany. Unlike the regular Schengen visa, however, the Schengen hybrid visa allows for gainful employment. However, additional requirements must be met for this (e.g. an international exchange of persons or a posting under the GATS agreement). If in doubt, a lawyer specializing in immigration law can give you further information on postings of less than 90 days.
What is a Schengen hybrid visa?
The Schengen hybrid visa is a Schengen visa that allows a stay of up to 90 days in Germany. Unlike the regular Schengen visa, however, the Schengen hybrid visa allows for gainful employment. However, additional requirements must be met for this (e.g. an international exchange of persons or a posting under the GATS agreement). If in doubt, a lawyer specializing in immigration law can give you further information on postings of less than 90 days.
3. How do I apply for the ICT card?
If you want to apply for an ICT card for one of your employees, you must first identify the responsible authority. The ICT card must always be applied for in the country from which the transfer to Germany is to take place. This will usually be the country in which the sending branch is based. If a posting is made from a country in which there are several German embassies (e.g. USA or India), the responsible embassy must be identified within the respective country. This usually depends on the employee's place of residence and the type of visa applied for.
An appropriate ICT visa must then be applied for at the relevant embassy. The exact documents required and the application process can usually be found on the embassy's website (see, for example , Applying for an ICT card in India ).
What documents are required for the ICT card?
To apply for the ICT card, at least the following documents must be submitted regularly with the application form:
Employee’s passport,
completed and signed VIDEX application form ,
three biometric passport photos,
Copies of the passport data page,
Letter of secondment from the sending company,
Invitation letter from the German part of the company,
Proof of the employee’s professional qualifications,
Employee’s CV,
Proof of health insurance,
Statement on employment relationship,
Declaration of employment relationship, supplementary sheet B.
Depending on the country in which the ICT card is applied for, additional documents may be required.
The declaration of employment relationship
With regard to the declaration of employment (including supplementary sheet B), it should be noted that particular care should be taken here. The forms are sent from the embassy to the Federal Employment Agency in order to obtain approval for employment. In practice, this document transfer unfortunately only works in part, which can lead to very long processing times even without case-specific difficulties. If documents are missing or incorrect information has been provided in the declaration of employment, the processing time at the Federal Employment Agency can be delayed by months.
4. What happens after entry? (ICT card)
Once the visa has been issued, the employee can enter Germany. Once there, the employee must then register his or her residence and apply for a residence permit at the immigration office (see, for example , applying for an ICT card at the Business Immigration Service (BIS) in Berlin ).
Unlike many other residence permits, however, holders of the ICT card cannot obtain permanent residence or naturalization with the ICT card. The ICT card is therefore only intended for temporary stays. However, it is possible to change your residence status and then apply for a settlement permit or naturalization. If in doubt, you can consult a lawyer specializing in immigration law.
If in doubt, you should consult a lawyer specializing in immigration law about switching from the ICT card to another residence permit.
5. Alternatives to the ICT card
The ICT card (Intra-Corporate Transfer) was long a popular option for companies to send skilled workers within Europe. Its Europe-wide mobility in particular made it attractive. However, there is now a strong alternative: the EU Blue Card.
A key advantage of the Blue Card is the improved legal consequences. Holders of a Blue Card can more easily obtain a settlement permit and settle in Germany long-term. Naturalization is also possible with the Blue Card, which makes it particularly attractive for many skilled workers. However, a recognized university degree is required for the Blue Card in accordance with Section 18g Paragraph 1 of the Residence Act.
The ICT card used to be superior in terms of mobility, as it enabled smooth posting within the EU. However, this has changed with the recent reform of the Residence Act. Now Blue Card holders can also benefit from expanded mobility options within Europe.
As a result of these adjustments, many companies are now opting for the Blue Card rather than the ICT Card. The combination of better legal status and improved mobility makes it the preferred choice for sending international specialists.
6. FAQ (ICT card)
Does the employee have to sign a new employment contract to apply for the ICT card?
No, posting with the ICT card is also possible if the employee is posted on the basis of his or her home employment contract (so-called one-contract model). It is not necessary to conclude a second employment contract. It is also irrelevant which part of the company or group pays the salary. However, it should be noted that German labor laws (especially with regard to the minimum salary) must be observed.
Can trainees also be sent with the ICT card?
Yes, the ICT card explicitly allows the secondment of trainees. However, unlike the secondment of managers and specialists, the ICT card for trainees is limited to 1 year.
Can a settlement permit be applied for using the ICT card?
No, in most cases you cannot apply for a settlement permit with an ICT card. It is in the nature of a posting that a return to the country of posting is intended from the outset. In some cases, however, there are options for obtaining a settlement permit through other residence permits. If in doubt, a lawyer specializing in migration law can advise you on this.
What is the minimum salary to apply for an ICT card?
In contrast to other employment migration titles (in particular the EU Blue Card), there is no minimum salary when applying for the ICT card. However, the Federal Employment Agency can only give its consent to issue an ICT card if the foreigner is not employed under less favourable conditions than nationals. This check also includes salary, which is why the employee's salary must be compared with that of a German in the corresponding position. The average salary for each position can be found in the Federal Employment Agency's BERUFE.NET database .
Can I apply for family reunification with the ICT card?
Yes, the ICT card entitles you to family reunification. If the relevant requirements are met, spouses and minor children of ICT card holders can apply for family reunification. However, this usually does not apply to the mobile ICT card.
Can I travel in Europe with the ICT card?
Yes, the ICT card allows you to stay in other European countries for up to 90 days (Schengen Implementation Agreement). This also applies to family members if they have a corresponding residence permit.
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