EU immigration news and updates

EU Intracompany Transferee Permit to be implemented in Austria

Following the EU ICT Directive, Austria will be implementing a new EU Intracompany Transferee (ICT) Permit on October 1, 2017. This permit will apply to non-EU qualified managers, specialists and graduate trainees assigned to Austria for more than 90 days by an entity outside of the EU. 

A new EU Intracompany Transferee Permit is to be implemented in Austria.

Please take note of the following details:

  • Expect processing times of 60-80 days.
  • Specialists and managers can obtain an ICT Permit for up to three years; trainees can obtain an ICT Permit for up to one year. An extension cannot be applied for. The applicant must leave Austria and re-apply for a new permit after a four-month cooling off period.
  • Managers and specialists must have worked at their sending entity in the same corporate group as the host company for at least nine months. (Six months for graduate trainees.) 
  • All applicants must meet the Austrian minimum salary requirements as well as employment and social insurance conditions.
  • Assignees who already hold an ICT Permit issued by another EU member state will be allowed to work in Austria for up to 90 days in a period of 180 days. A Mobile ICT Permit will be required for stays longer than 90 days. The intended stay in Austria must never exceed the stay in the EU member state country issuing the initial ICT Permit.
  • If they qualify, dependents will be able to join the main applicant with permission for employment. Mobile ICT Permit holders may also bring qualifying dependents. 

This summary was prepared using information obtained from the Federal Government’s official information website on migration to Austria.  

Notification requirements for posted workers in Finland

Finland has revised its national laws and procedures, implementing the EU Posted Worker Enforcement Directive (2014/67/EU). As a result, companies posting employees in Finland will now need to meet new notification requirements.

All companies posting a foreign worker in Finland must submit a notification of the posting to the Finnish OSH (Occupational Safety and Health Administration). This must be done online using the electronic form, and should be done prior to the assignment start date. 

Both the new Posted Workers Act (447/2016) and the previous Act (1146/1999) will apply. The previous Act will still apply to posted workers whose employment contract was signed before June 18, 2016. 

Please note that a subsequent notification of changes must be submitted if the information changes. If this is not done correctly, or the company fails to submit any notification, the OSH may impose a penalty of 100-10,000 Euros.

This summary was prepared using information obtained from the OSH.

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager EMEA.