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AUSTRIA – New Intra-Corporate Transfer Permit

Austria has transposed 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”, and has introduced a new combined work and residence permit category for intra-corporate transfer (ICT).

The new ICT route, which replaces the “Rotationsarbeitskraft” scheme for intra-corporate transfers, has been available since 1 October 2017, but the legislation was only passed on 19 October 2017.

ICT Permit

The new ICT residence permit is available to third-country nationals transferred to work in Austria within the same group of companies as managers, specialists and trainees. The foreign employee must have worked for their sending company at least nine months (six months for trainees). The Rotationsarbeitskraft had no similar requirement.

The combined work/residence permits are issued with a validity of twelve months, renewable up to a total of three years for managers and specialists only (non-renewable for trainees). The Rotationsarbeitskraft could be renewed annually for a maximum total of five years.

Intra-EU Mobility

A holder of an ICT permit issued in Austria 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 Austria for up to 90 days without obtaining a separate permit. For assignments of more than 90 days in Austria, a holder of an EU ICT permit issued in another EU member state can apply for a residence permit for long-term mobility.

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 Portugal, Lithuania, Croatia, Germany, Czech Republic, Slovakia, Italy, Netherlands, Bulgaria and Spain.

Action Items

  • Employers intending to transfer third-country nationals to Austria from outside the EU within the same group of companies should consult an immigration expert to confirm the latest details of the new ICT permit.

This news alert was prepared using information provided by Relocation Services Strohmayer and Law Office Straka.

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.