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CYPRUS – New Intra-Corporate Transfer Permit Implemented

Effective immediately, Cyprus has implemented a new intra-corporate transferee (ICT) permit.

The new permit, in line with the European Union (EU) ICT Directive, facilitates intra-EU mobility, and doesn’t have the strict employer eligibility criteria which characterise the existing intra-corporate transfer route (the work and residence permit for international companies).

The Ministry of the Interior signed an Order in October 2017, implementing the new ICT permit in accordance with the Alien and Migration (Amendment) (Ref. 2) Law of 2017, which entered into force on 17 February 2017, and in which Directive 2014/66/EU was transposed into Cypriot law.

Eligibility and Validity

The new ICT permit is available to third-country nationals transfering to work in Cyprus within the same group of companies, as managers, specialists or trainees. Managers and specialists must have worked for their sending company for at least twelve months; trainees for at least six months.

The combined work/residence permits are issued with a validity of up to three years for managers and specialists, and up to one year for trainees.

Intra-EU Mobility

A holder of an ICT permit issued in Cyprus 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 Cyprus for up to 90 days without obtaining a separate permit, although their employer must notify the Cypriot authorities of the assignment. For assignments of more than 90 days in Cyprus, a holder of an EU ICT permit issued in another EU member state must apply for a long-term mobility permit.

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

Action Items

  • Employers intending to transfer third-country nationals to Cyprus 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 Antis Triantafyllides & Sons LLC.

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.