GREECE – New Intra-Corporate Transfer Permit Implemented [UPDATED]
[UPDATE] On 8 November 2018, the Greek government published an internal ministerial circular concerning the new Intra-Company Transfer (ICT) Permit, enabling for the first time the submission of applications under law No. 4540 and clarifying several aspects of the new ICT process.
[Original story] On 22 May 2018, the Greek government published a law (no. 4540) implementing the 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”.
Further clarifications on the application of the new law, and implementing regulations, are expected from the authorities in the coming weeks.
ICT Permit
- The new ICT permit is available to third-country nationals transferred to work in Greece within the same group of companies as senior managers or specialists, or paid trainees with a university degree.
- The foreign employee must have worked for their sending company continuously for at least twelve months (six months for trainees).
- 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.
- Qualifying family members can accompany the principal applicant as dependents and are allowed to work without an additional work permit.
Intra-EU Mobility
- A holder of an ICT permit issued in Greece 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 Greece on the basis of that permit for stays up to 90 days, or over 90 days. In these cases, only a notification must be filed with the Greek authorities before the transfer to Greece begins.
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.
The Directive has now been transposed into national law in all Member States except Belgium.
Action Items
- Employers intending to transfer third-country nationals to Greece from outside the EU within the same group of companies should consult an immigration expert for further details.
