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FINLAND – New Intra-Corporate Transfer Permit Available

Effective 1 January 2018, Finland has introduced new work and residence permit rules for intra-corporate transfer (ICT), transposing into national law European Union (EU) Directive 2014/66 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer”.

ICT Residence Permit

The new ICT residence permit category is available to third-country nationals transferred to work in Finland within the same group of companies as managers or specialists, or trainees with a university degree. The foreign employee must have worked for their sending company continuously for at least three months. For managers and specialist, the ICT permit is issued for a maximum duration of three years. For trainees, the maximum total stay is one year. The ICT residence permit should be issued within 90 days of submission of a complete application.

Intra-EU Mobility

  • A holder of an ICT permit issued in Finland will be able to work in another EU member state for a company of the same group, for stays of up to 90 days in a 180-day period, without a separate work permit, although the host country may require a notification. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
  • A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Finland for up to 90 days without obtaining a separate permit. A notification must be filed with the Finnish authorities before the employee arrives in Finland, but the applicant can enter Finland and start work as soon as the notification has been made.
  • For assignments of more than 90 days in Finland, a holder of an EU ICT permit issued in another EU member state must apply for a mobile ICT residence permit during the 90-day short-term mobility period, and at least 20 days prior to the beginning of the long-term mobility. This permit cannot be issued for longer than the validity of the original EU ICT Permit from the first EU member state.

Background

Directive 2014/66/EU of 15 May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States. Please see our previous alerts on the transposition of the EU ICT Directive in Cyprus, Austria, Portugal, Lithuania, Croatia, Germany, Czech Republic, Slovakia, Italy, Netherlands, Bulgaria and Spain.

Action Items

  • Employers intending to transfer third-country nationals to Finland from outside the EU within the same group of companies should consult an immigration expert.

This news alert was prepared using information provided by Finland Relocation Services.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.