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ICT-Card
All information on inter-corporate transfers (ICT) and secondments of employees
... what the ICT card is and what advantages the ICT card has
... which requirements the ICT card has
... which documents are required to apply for an ICT card and how the application procedure at the Federal Employment Agency works
... how to apply for a visa for an ICT card
HERE YOU LEARN ...
Table of Content
1 ICT-Card and longterm postings
1.1 What is the ICT-Card?
1.2 Advantages of the ICT-Card
1.3 Differenze between the ICT-Card and the EU Blue Card
1.4 Mobile ICT-Card
2 Requirements of the ICT-Card
2.1 International company group
2.2 Employee is manager or company specialist
2.3 Duration of the posting
3 Application process and required documents
4 Entering Germany with the ICT-Card
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1. ICT-Card and longterm postings
What is an ICT card?
The ICT card is a residence permit or visa that enables the intra-company transfer of a foreigner. The ICT card has its origins in European law (Directive 2014/66/EU (ICT Directive)). With the ICT card, it is possible to temporarily second or post 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 for highly qualified workers (managers, specialists or trainees) and is therefore part of the German government's skilled labor 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 for whom there are no other immigration options. There is also no formal salary limit, as is the case with the EU Blue Card, for example. Furthermore, the ICT card enables long-term postings, as it can only be applied for after a stay of more than 90 days. In comparison, short-term Schengen postings can only be applied for up to 90 days.
What is the difference to the EU Blue Card?
The ICT card is specifically designed to enable the flexible deployment of workers and the relocation of workers within different branches. The ICT card is therefore particularly relevant for companies and groups that are active throughout Europe and worldwide. In contrast, the EU Blue Card is a work 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, which is issued if the employee has received an ICT card in another EU member state. These employees can then be transferred within the EU. If the requirements for the Mobile ICT Card residence permit are met, the application can be submitted to the relevant immigration authority.
2. Which requirements has the ICT-Card?
The ICT card is generally issued under the following conditions:
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2.1 Posting within a corporate group or group of companies
The ICT card is only issued for postings within the same group 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 corporate group or an international group of companies is checked by the Federal Employment Agency.
What is a group of companies (ICT-Card)?
A corporate group is several companies that form a superordinate organizational unit through legal and financial links and are organized and managed by a central body. In most cases, these are legally independent branches that are controlled by a parent company under company 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). As a rule, the decisive factor is that one company holds the majority of the capital or voting rights in a corporate body of the other company.
2.2 Posted employee is a manager or specialist
Not every employee of a company is suitable for secondments 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 function. As a rule, they have the authority to make personnel decisions and independently dispose of company resources.
However, company specialists can also be seconded. A company specialist does not have to have a management role. They can be seconded solely on the basis of their company-related expertise. Nevertheless, it is necessary for the specialist to have appropriate experience and, as a rule, a higher salary. However, these requirements are not mandatory, but merely an indicator. In principle, any person who performs a specific task in the company that requires company-specific knowledge can apply for the ICT card.
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2.3 Posting lasts at least 90 days
A further requirement for applying for an ICT card is that the assignment in the German branch lasts at least 90 days and a maximum of 3 years. The maximum duration for trainees is 1 year. The ICT card can only be applied for again after 6 months once the period of validity has expired. If the duration of stay is less than 90 days, no ICT card can be applied for. In this case, a so-called Schengen hybrid visa must be applied for.
What is a Schengen hybrid visa?
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The Schengen hybrid visa is a Schengen visa that allows you to stay in Germany for up to 90 days. In contrast to 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 migration law can provide you with further information on postings of less than 90 days.
3. How to apply for an ICT-Card
If you want to apply for an ICT card for one of your employees, you must first determine the competent authority. The ICT card must always be applied for in the country from which the transfer to Germany is to be carried out. As a rule, this will be the country in which the sending dependency is based. If the posting is from a country in which there are several German embassies (e.g. USA or India), the responsible embassy must be determined within the respective country. This usually depends on the employee's place of residence and the type of visa applied for.
A corresponding ICT visa must then be applied for at the respective embassy. The exact documents required and how the application process works can usually be found on the websites of the embassies (see e.g. Applying for an ICT card in India).
Which documents must be submitted to apply for an ICT card (incl. ICT card application form)?
To apply for an ICT card, at least the following documents must be submitted with the application form:
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passport of the employee,
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completed and signed VIDEX application form,three biometric passport photos,
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Copies of the data page of the passport,
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letter of secondment from the sending company,
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letter of invitation from the German part of the company,
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üroof of the employee's professional qualifications,
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curriculum vitae of the employee,
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proof of health insurance,
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declaration on the employment relationship,
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declaration of employment Supplementary sheet B.
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You can download the mandatory declaration of employment and the corresponding supplementary sheet B here (website of the Federal Employment Agency):
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Depending on the country in which the ICT card is applied for, further documents may be required.
The declaration of employment
With regard to the declaration of employment (including supplementary sheet B), it should be noted that particular care should be taken at this point. The forms are sent by the embassy to the Federal Employment Agency in order to obtain approval for employment from there. In practice, this document transmission unfortunately only works partially, which can lead to very long processing times even without case-specific difficulties. If documents are then 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 the entry to Germany?
Once the visa has been issued, the employee can enter Germany. Once in Germany, the employee must then register their residence and apply for a residence permit at the immigration office (see e.g. applying for an ICT card at the Business Immigration Service (BIS) in Berlin).
5. FAQ (ICT-Card)
1. Does the employee have to conclude 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 their 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 the German labor laws (in particular with regard to the minimum salary) must be observed.
2. Can trainees also be posted with the ICT card?
Yes, the ICT card explicitly allows the posting of trainees. In contrast to the posting of managers and specialists, however, the ICT card for trainees is limited to 1 year.
3. Can a settlement permit be applied for with the ICT card?
No, in most cases it is not possible to apply for a settlement permit with an ICT card. In this respect, 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. In case of doubt, a specialist lawyer for migration law can advise you on this.
4. What is the minimum salary for applying 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 an ICT card. However, the Federal Employment Agency can only give its approval to issue an ICT card if the foreigner is not employed under less favorable conditions than nationals. This check also includes the 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 BERUFE.NET database of the Federal Employment Agency.
5. 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 does not usually apply to the mobile ICT card.
6. 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 Convention). This also applies to family members if they have a corresponding residence permit.
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