• EU Intracompany Transferee Work Permit Forthcoming
  • January 30, 2017
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • To comply with the EU Directive on intracompany transferees (ICTs), a proposed law that is set to be implemented in the coming weeks will introduce the new EU ICT Work Permit for non-EU foreign qualified managers and specialists and graduate trainees with at least a Master’s degree sent from a company outside the European Union to an entity in the same corporate group in Luxembourg for a period of more than 90 days.

    The new law is likely to replace the existing category of ICTs and introduce new requirements and conditions, although some of these are still vague and are subject to change. The Luxembourg government may also revise or clarify other immigration laws that have led to uncertainty in the past, and may introduce new work permit categories.

    ICT Permit Details

    There is no specific or strict salary threshold, although it is likely that under the law, the ICT’s salary will have to be similar to that of local employees in the same position.

    The permit will be valid for up to three years for managers and specialists, and up one year for trainees.

    Intra-EU Mobility

    Holders of the EU ICT Permit in Luxembourg will be able to stay in other EU Member States for up to 90 days in a 180-day period per Member State, which is more relaxed than the Schengen rules. During this stay, they will be able to work for any company in the same corporate group, although they may be required to notify immigration authorities of their stay.

    Luxembourg is expected to introduce a notification process for those who hold an ICT Permit in another Member State who enter Luxembourg for work for up to 90 days in a 180-day period.

    What This Means for Employers and Foreign Nationals

    ICTs should benefit from the new permit as they will be able to work in multiple EU Member States under one permit. Interested applicants should work with their immigration professional to prepare for the new law and to research the specific ICT requirements in each EU Member State where they plan to work, as these could vary.