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SWEDEN – New Intra-Corporate Transfer Permit Announced for March 2018 [UPDATED]

The Swedish Migration Agency has announced that it plans to implement 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” from 1 March 2018, including an online application procedure.

ICT Permit

The new intra-corporate transfer (ICT) work and residence permit will be available to third-country nationals transferred to work in Sweden for more than 90 days, within the same group of companies, as managers or specialists with the relevant professional qualifications and experience, and for trainees with a university degree.

The applicant must have been continuously employed by the sending company for at least three months at the time of their transfer.

Intra-EU Mobility

A holder of an ICT permit issued in Sweden 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 Sweden for up to 90 days without obtaining a separate permit. For assignments of more than 90 days in Sweden, a holder of an EU ICT permit issued in another EU member state can apply for a work and 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.

UPDATE

Note that a work permit according to chapter 6 of the Aliens Act cannot be granted if the applicant intends to work in Sweden within the framework of the EU ICT permit as described in chapter 6b.

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 Sweden from outside the EU within the same group of companies after 1 March 2018 should consult an immigration expert to confirm the latest details of the new ICT permit.

This news alert was prepared using information provided by NIM.MERSION.

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.