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ICT card, Section 19 Residence Act
All information on inter-corporate transfers (ICT) and secondments of workers (skilled immigration).
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About this Page
what the ICT card is and what advantages the ICT card has
under what conditions the ICT card can be applied for
which documents are required to apply for an ICT card
how to apply for a visa for an ICT card
Table of Contents
1. ICT card and long-term assignments
1.1 What is an ICT card?
1.2 Advantages of the ICT card
1.3 Difference between ICT Card and EU Blue Card
1.4 Mobile ICT card
2. Requirements for the ICT card
2.1 Group or group of companies
2.2 Employee is a manager or specialist
2.3 Duration of the assignment
3. Application process and required documents
4. Entry and residence permit for the ICT card
5. Alternatives to the ICT card
6. FAQ about the ICT card
7. Conclusion
1. ICT Card and Long-Term Postings
What is an ICT card?
The ICT card is a residence permit or visa that allows the intra-company transfer of a foreign national. The ICT card originates from European law (Directive 2014/66/EU (ICT Directive)). The ICT card allows a foreign national to be temporarily seconded or posted to a German branch of a corporation, international company, or group of companies. Similar to the EU Blue Card, the ICT card is designed for highly qualified workers (managers, specialists, or trainees) and is thus part of the German Federal Government's skilled worker immigration strategy.
What are the advantages of the ICT card?
Compared to other forms of secondment, the ICT Card offers numerous advantages. In particular, under certain conditions, it can also be applied for by less qualified workers who would otherwise have no immigration options. There is also no formal salary limit, as is the case with the EU Blue Card, for example. Furthermore, the ICT Card allows for long-term secondments, as it can only be applied for after a stay of more than 90 days. In comparison, short-term Schengen secondments can only be applied for for up to 90 days.
What is the difference to the EU Blue Card?
The ICT Card is specifically designed to enable the flexible deployment of workers and the transfer of workers between different branches. This makes the ICT Card particularly relevant for companies and corporations operating in Europe and internationally. There is a legal right to be issued an ICT Card. In contrast, the EU Blue Card is a residence permit for employment purposes that is not specifically designed for business associations. Accordingly, the EU Blue Card has significantly higher requirements regarding the required qualifications and salary.
What is a Mobile ICT card?
The Mobile ICT Card is a German residence permit for workers in the EU, issued if the worker has received an ICT card in another EU member state. These workers can then be transferred within the EU . If the requirements for issuing the Mobile ICT Card residence permit are met, the application can be submitted to the responsible immigration authority.
2. What are the requirements for the ICT card?
The ICT card is generally issued under the following conditions:
2.1 Secondment within a corporation or group of companies
The ICT card is only valid for postings within the same corporation or group of companies. Postings to other companies (e.g., to perform contractually agreed services) are not permitted with the ICT card, nor was this intended by law. Whether the posting takes place within a corporation or an international group of companies is reviewed by the Federal Employment Agency.
What is a group of companies?
A corporate group consists of several companies that, through legal and financial ties, form a superior organizational unit and are organized and managed by a central office . These are usually legally independent branches controlled by a holding company. Proof of such a connection must be provided to the Federal Employment Agency when applying for an ICT card (e.g., through register extracts). The decisive factor is usually that one company holds the majority of the capital or voting rights in a corporate body of the other company.
2.2. Seconded employee is a manager or specialist
Not every employee of a company is suitable for assignments with an ICT card. Therefore, the employee must have a certain level of qualification to be considered for an ICT card. Typically, the assigned individual must be a manager or specialist . Managers are all employees who hold at least a partially managerial position. They are generally authorized to make personnel decisions and independently manage company resources.
However, company specialists can also be seconded. A company specialist does not have to assume leadership roles. They can be seconded solely based on their company-related expertise. Nevertheless, the specialist must have appropriate experience and, as a rule, a higher salary. These requirements are not mandatory, but merely an indicator. In principle, anyone who performs a specific task within the company that requires company-specific knowledge can apply for an ICT card.
2.3 Secondment lasts at least 90 days
Another requirement for applying for an ICT card is that the assignment at the German branch lasts at least 90 days and no more than three years. For trainees, the maximum duration is one year. The ICT card can only be reapplied for six months after the expiration of the validity period. If the length of stay is less than 90 days, an ICT card cannot be applied for. In this case, a so-called Schengen hybrid visa must be applied for.
What is a Schengen hybrid visa?
The Schengen hybrid visa is a Schengen visa that allows a stay of up to 90 days in Germany. Unlike the regular Schengen visa, however, the Schengen hybrid visa allows for gainful employment. However, additional requirements must be met for this (e.g., an international exchange of persons or a posting under the GATS agreement). If in doubt, a migration lawyer can provide you with further information regarding postings of less than 90 days.
3. How do I apply for the ICT card?
If you want to apply for an ICT card for one of your employees, you must first identify the responsible authority. The ICT card must always be applied for in the country from which the transfer to Germany is to take place . This will usually be the country of residence of the sending branch. If the assignment is from a country in which there are several German embassies (e.g., the USA or India), the responsible embassy within that country must be identified. This usually depends on the employee's place of residence and the type of visa applied for.
An appropriate ICT visa must then be applied for at the respective embassy. The exact documents required and the application process can usually be found on the embassy's website (see, for example, " Applying for an ICT Card in India ").
What documents are required for the ICT card?
To apply for the ICT card, at least the following documents must be submitted regularly with the application form:
Employee's passport,
completed and signed VIDEX application form ,
three biometric passport photos,
Copies of the passport data page,
Letter of secondment from the sending company,
Invitation letter from the German part of the company,
Proof of the employee’s professional qualifications,
Employee's CV,
Proof of health insurance,
Declaration of employment relationship,
Declaration of employment relationship, supplementary sheet B.
Depending on the country in which the ICT card is applied for, additional documents may be required.
The declaration of employment relationship
With regard to the declaration of employment (including Supplementary Sheet B), it should be noted that particular care should be taken at this point. The forms are sent from the embassy to the Federal Employment Agency for approval of employment . In practice, this document transfer unfortunately only works partially, which can lead to very long processing times even without specific case-specific difficulties. If documents are missing or incorrect information is provided in the declaration of employment, the processing time at the Federal Employment Agency can be delayed by months.
4. What happens after entry? (ICT card)
Once the visa has been granted, entry to Germany is permitted. Once there, the employee must then register their residence and apply for a residence permit with the immigration authorities (see, for example, applying for an ICT card at the Business Immigration Service (BIS) in Berlin ).
Unlike many other residence permits, however, ICT card holders cannot obtain permanent residence or naturalization with the ICT card. The ICT card is therefore intended only for temporary residence. However, it is possible to change residence status and then apply for a settlement permit or naturalization.
If in doubt, you should consult a lawyer specializing in immigration law regarding the transition from the ICT card to another residence permit.
5. Alternatives to the ICT card
The ICT Card (Intra-Corporate Transfer) has long been a popular option for companies to send skilled workers within Europe. Its Europe-wide mobility, in particular, made it attractive. However, there is now a strong alternative: the EU Blue Card.
A key advantage of the Blue Card lies in its improved legal consequences. Blue Card holders can more easily obtain a settlement permit and settle in Germany long-term. Naturalization is also possible with the Blue Card, making it particularly attractive for many skilled workers. However, a recognized university degree is required for the Blue Card, in accordance with Section 18g, Paragraph 1 of the Residence Act.
The ICT card used to be superior in terms of mobility, as it enabled seamless postings within the EU. However, with the recent reform of the Residence Act, this has changed. Now, Blue Card holders can also benefit from expanded mobility options within Europe.
Due to these adjustments, many companies are now opting for the Blue Card over the ICT Card. The combination of better legal status and improved mobility makes it the preferred choice for sending international specialists.
6. FAQ (ICT card)
Does the employee have to sign a new employment contract to apply for the ICT card?
No, posting with the ICT card is also possible if the employee is posted based on their home employment contract (so-called single-contract model). The conclusion of a second employment contract is not necessary. It is also irrelevant which part of the company or group pays the salary. However, it should be noted that German labor laws (especially regarding the minimum salary level) must be observed.
Can trainees with the ICT card also be sent abroad?
Yes, the ICT card explicitly allows for the secondment of trainees. However, unlike the secondment of managers and specialists, the ICT card for trainees is limited to one year.
Can a permanent residence permit be applied for with the ICT card?
No, in most cases, an ICT card cannot be used to apply for a settlement permit. It is in the nature of a posting that a return to the country of posting is intended from the outset. However, in some cases, there are options for obtaining a settlement permit through other residence permits. If in doubt, a specialist immigration lawyer can advise you on this.
What is the minimum salary required to apply for an ICT card?
Unlike other labor migration permits (especially the EU Blue Card), there is no minimum salary requirement for applying for an ICT card. However, the Federal Employment Agency can only approve the issuance of an ICT card if the foreign national is not employed under less favorable conditions than nationals. This assessment also includes salary, which is why the employee's salary must be compared with that of a German in the corresponding position. The average salary for each position can be found in the Federal Employment Agency's BERUFE.NET database .
Can I apply for family reunification with the ICT card?
Yes, the ICT card entitles you to family reunification. If the relevant requirements are met, spouses and minor children of ICT card holders can apply for family reunification. However, this usually does not apply to the mobile ICT card.
Can I travel in Europe with the ICT card?
Yes, the ICT card allows you to stay in other European countries for up to 90 days (Schengen Implementing Agreement). This also applies to family members if they have a corresponding residence permit.
7. Conclusion
The ICT card, pursuant to Section 19 of the Residence Act, represents an important option for intra-company transfers of managers, specialists, and trainees from third countries to Germany. It is based on European legal requirements and permits intra-company assignments for periods of 90 days up to three years. A significant advantage is that there is no minimum salary requirement, making it particularly flexible for globally operating companies. Applications are usually submitted through the responsible German diplomatic mission abroad and require a variety of supporting documents as well as approval from the Federal Employment Agency .
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Further Information
List of Sources (Paywall)
[1] Offer/Mävers, BeschV/AufenthG, 2nd edition 2022, § 19
[2] von Planta, New regulations in the right of residence through the Directive Implementation Act 2017, ANA-ZAR 2018, Issue 2, p.17 ff.;
[3] Klaus, Sebastian, Mobilized skilled workers: The implementation of the ICT Directive in Germany in the Residence Act, the Residence Ordinance and the Employment Ordinance, ZAR 2017, 257
[4] Sebastian Klaus: The ICT Directive – End of a European Odyssey, ZAR 2015, 1
[5] For the definition of a specialist, see VG Stuttgart, judgment of 09.06.2006 - 1 K 2150/05
[6] Visa Handbook, ICT (Intra-Corporate Transfer), 73rd Supplement, as of May 2021