Individuals from third-countries with a work contract in a company established outside of the EU who are temporarily transferred to the branch(es) of that company in one or several EU countries (with the exception of UK, Denmark and Ireland).
You may be transferred to work as manager, specialist or trainee employee.
What conditions must I fulfil to enter an EU country as an intra-corporate transferee?
To enter an EU country as an intra-corporate transferee you (or your company) shall:
- Prove that the branches in your home country and the host country belong to the same company;
- Prove that you have been employed by the same company from three to twelve months prior to your transfer (depending on the specific case and EU Member State);
- Present a work contract;
- Prove that you have the professional qualifications and experiences required;
- Present a valid travel document (and a visa if required);
- Prove that you have or will have a sickness insurance.
In addition to a work contract you may be asked to present an assignment letter from the employer with the following information:
- The duration of the transfer;
- The location of host unit or units;
- Confirmation of your position as a manager, specialist or trainee employee;
- The salary and other terms and conditions;
- Evidence that you will be transferred back to the company unit in your home country.
You may also be required to provide your address in the EU country and if you are a trainee employee you may have to present a training agreement.
Additionally, your salary shall not be lower than the salary earned by nationals occupying comparable positions.
For details please check the page related to ICT of each specific Member State and provisions of Directive 2014/66/EU.
I meet the conditions and have the necessary documents. What do I do next?
The application shall be submitted to the competent national authorities of the EU country of destination, while you are still outside the EU. Depending on the EU country, either you or the host organisation needs to submit the application. If you will reside in more than one EU country, the application needs to be submitted to the country where the longest overall stay will take place.
Do I need to pay a fee?
In general, you or your organisation will need to pay a fee for the handling of the application.
Do I need a visa?
You may need a visa. This depends on your nationality and on the rules in the EU country where you plan to work.
For how long is my permit valid?
Your combined residence and work permit is valid for the duration of the transfer, with a maximum of three years if you are a manager or specialist and one year if you are a trainee employee.
Under what circumstances could I have an application rejected or permit withdrawn or non-renewed?
Your application can be rejected or your permit can be withdrawn or non-renewed under certain circumstances, such as if:
- You do not, or no longer, meet the conditions outlined above;
- The documents you submitted were based on false information, falsified or tampered with;
- The employer/host entity does not meet certain legal obligations (e.g., has been sanctioned for undeclared work);
- You do no longer live in the country for the same purpose that you were admitted for;
- You have not fulfilled the rules regarding intra-EU mobility (see below);
- For reasons of public policy, public security or public health.
- When you have reached the maximum duration of a stay in the EU, depending on the country, you may be required to leave and wait for up to six months before being allowed to submitting a new application.
May I argue against a decision to refuse or withdraw my residence permit?
Yes, you will have the right to challenge any decision with the relevant national authorities.
Can I work and live in more than one EU country?
Yes, you can under certain conditions enter, work and live in more than one EU country on the basis of the permit issued in the first EU country, working for different branches of the same transnational company.
If your stay in the second country is 90 days or shorter during a 180-day period, the stay is categorised as short-term mobility. In this case the second country may require a notification from the first country.
If your stay in the second country exceeds 90 days it is categorised as long-term mobility. Depending on the country, long-term mobility can take place according to the procedures regulating short-term mobility and you will be allowed to stay for as long as the permit issued by the first country is valid, or you will have to submit an application to the second country. You may be allowed to work in the second country before a decision has been taken.
Can I bring my family with me?
Yes, your spouse/partner and minor children (according to the conditions for family reunification) may be authorised to stay and work in the EU during the period of your transfer, subject to prior authorisation.
Will I get similar treatment as citizens of the host EU country?
You will benefit from similar treatment with citizens of the host EU country as regards:
- Certain branches of social security;
- The freedom to join or be associated with organisations representing workers or employers;
- Recognition of diplomas and qualifications;
- Access to and supply of public goods and services.