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.
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.
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.
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.
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.