BAMF - Bundesamt für Migration und Flüchtlinge - Intra-corporate transfer

Navigation and service

to welcome page

Putting people first: providing security, creating opportunities, embracing change

Intra-corporate transfer

The German Residence Act (Aufenthaltsgesetz) provides for several ways to apply for intra-corporate transfers for third-country nationals. If you only wish to work in a German host entity which belongs to your undertaking, you may be able to be issued with an ICT Card. This also applies if you will be working in other EU Member States as well as in the German host entity, but will be spending most of your overall EU residence period in Germany.

Should most of your residence period be spent in another EU Member State, you will need to apply for a residence title there under Directive 2014/66/EU. This residence title will permit you to work at a German host entity of this undertaking for a specific period (You will find details further below at "Short-term mobility" and at "Mobile ICT Card").

The ICT Card

In transposition of the EU Directive on intra-corporate transfers, a new residence title for third-country nationals who are working in an undertaking in another EU State as managers, specialists or trainee employees and are transferred to an entity of the same group of undertakings has been introduced in the Residence Act in the shape of the ICT Card.

As a worker, you can be issued with an intra-corporate transferee permit in accordance with section 19b of the Residence Act if

  • the host entity in Germany and the entity established in another EU State belong to the same undertaking or group of undertakings to which you belong,
  • you are working in the host entity in Germany as a manager, specialist or trainee employee and provide evidence that you possess the requisite professional qualifications,
  • you have been uninterruptedly employed by the undertaking or group of undertakings for at least six months,
  • the intra-corporate transfer lasts for more than 90 days,
  • the Federal Employment Agency has approved in accordance with section 39 of the Residence Act, or the work in question is exempt from approval, and
  • you can submit a work contract and, if necessary, assignment letter valid for the duration of the intra-corporate transfer.

Short-term mobility

The rules on mobility within the EU applying to third-country nationals who are in the EU for the purpose of an intra-corporate transfer have been eased. This means that if you have already been issued with a residence title under the ICT Directive in another EU Member State, you may come to Germany and work here without applying for a German residence title. This is contingent on you working at a German host entity of the undertaking within which you have been transferred for a maximum of 90 days within a 180-day period.

The following conditions must be met:

  • you must be in possession of a residence title under the directive,
  • the host entity in Germany and the entity established in another EU State must belong to the same undertaking or group of undertakings, and
  • you must enjoy equal treatment with German workers as regards the remuneration which will be granted to you during the transfer to Germany.

In order to be able to exercise short-term mobility in Germany, the entity in the EU State for which you already hold a residence title needs to send a notification to the National Contact Point at the Federal Office for Migration and Refugees.

Information on the notification:

If an intra-corporate transfer to Germany is to take place within the short-term mobility mechanism, the entity in the EU State in which the ICT Card was issued needs to send an appropriate notification to the Federal Office for Migration and Refugees. In order to do so, the notification form (see Download in the right-hand column [only available in German]) must be completed in full and digitally. Additionally, digital copies of the following documents need to be submitted together with the form:

  • the residence permit issued by the first EU Member State,
  • evidence that the host entity and the undertaking established in a third country belong to the same group of undertakings,
  • the work contract and, if necessary, the assignment letter, and
  • a recognised, valid passport/replacement passport.

The notification form is forwarded via the BSCW server. You will find more information on registration and transmission in the right-hand column (only available in German).

Third-country nationals who have been issued with an ICT Card in Germany in accordance with section 19b of the Residence Act may in turn exercise mobility in other EU Member States, and may work at a host entity there belonging to the group of undertakings for which they are already working in Germany. Some Member States require a separate notification for this which is to be made to the authorities with individual responsibility; an overview of the procedures in other Member States will be made available on this page soon.

Mobile ICT Card

Third-country nationals who are already in possession of a residence title under the ICT Directive for an EU Member State and are planning to stay in Germany for a prolonged period (more than 90 days) may apply for a separate residence title for this purpose, known as the Mobile ICT Card.

You may be issued with a Mobile ICT Card in accordance with section 19d of the Residence Act if

  • you are in possession of a residence permit under the directive that is valid for the duration of the application procedure,
  • you take up work in the host entity in Germany as a manager, specialist or trainee employee,
  • the intra-corporate transfer lasts longer than 90 days, and,
  • the Federal Employment Agency has approved in accordance with section 39 of the Residence Act, or the work in question is exempt from approval, and
  • you can submit a work contract and, if necessary, assignment letter valid for the duration of the intra-corporate transfer.

The application for a Mobile ICT Card can

  • be submitted at least 20 days before you enter Germany. In this case, residence and employment in Germany for up to 90 days within a 180-day period are considered to be permitted until the immigration authority has decided. The only condition is for the residence title issued by the other EU Member State to be still valid.
  • be submitted after entering Germany if the Federal Office has received a notification on short-term mobility before you enter the country. In this case, however, the Mobile ICT Card must be applied for at least 20 days prior to the end of the residence within short-term mobility. The application may also not be made at the same time as the notification on short-term mobility.

display as attention: Please note:

Applications for Mobile ICT Cards will be turned down if they are submitted at the same time as a notification regarding short-term mobility in accordance with section 19c of the Residence Act!

Date 26 July 2017

© 2018 Copyright by Federal Office for Migration and Refugees. All rights reserved.