Applying for an ICT card for the first time within the country: Is that possible?

The ICT card is the central residence permit for employees transferred within a single company . It implements EU Directive 2014/66/EU and is binding on all member states. This is intended to facilitate cross-border mobility , particularly when a transfer takes place partly in several member states or when another EU state remains primarily responsible. International companies, in particular , often assume that an application for the ICT card can be submitted flexibly. In practice, however, it turns out that Germany allows only very limited flexibility.

ICT card generally only valid from abroad

The central principle is that an application for an ICT card or a mobile ICT card must generally be submitted from abroad . The legal exceptions that allow applications for many other residence permits to be submitted within Germany (§ 5 para. 2 of the German Residence Act) expressly do not apply to employees transferred within a company. The decisive factor is that the applicant's center of life is in a third country; a mere short-term trip to submit an application is insufficient. The visa-free entry option under § 41 of the German Residence Ordinance, which otherwise applies to privileged countries, does not apply to the ICT card (see § 41 para. 4 of the German Residence Ordinance ). Neither § 41 para. 4 of the German Residence Ordinance nor § 5 para. 2 sentence 3 of the German Residence Act permits applications to be submitted within Germany. The categories of cases in § 39 of the German Residence Ordinance are also excluded pursuant to § 39 sentence 2 of the German Residence Ordinance . Even the hardship clause of Section 5 Paragraph 2 Sentence 2 of the Residence Act, which allows for exemptions from a visa application process in exceptional cases, does not apply to the ICT card . Anyone wishing to apply for a new ICT card must leave Germany and complete the entire application process from their home or country of residence.

Alternative options for the ICT card within the country

At the same time, the law creates specific openings that are often underestimated in advisory practice. For example, it remains possible to initially apply for a different residence permit for employment purposes , which is not subject to the strict rules of the ICT card, by utilizing the reduced visa-free entry requirements under Section 41, paragraphs 1 to 3 of the German Residence Ordinance (AufenthV). Furthermore, the situation is considerably more relaxed for existing ICT permits: An already issued ICT card can be extended within Germany without requiring departure. The extension of an ICT card from another EU member state, as well as the issuance of a Mobile ICT card or a residence permit for family members of Mobile ICT card holders, can also be carried out within Germany. Thus, the initial application clearly differs from subsequent extensions and the mobility regulations that the EU directive actually focuses on.

Conclusion: Apply for an ICT card domestically for the first time

For companies and HR departments , this means that planning an internal transfer to Germany must necessarily take the foreign travel requirement into account . Those already residing in Germany cannot simply "convert" their stay into an ICT card ( change of status ). Only subsequent applications and mobility arrangements offer the possibility of working within Germany. This is perfectly logical, as the ICT card specifically addresses the case of internal transfers. Early coordination between company headquarters, HR department, and specialized lawyers is therefore crucial to avoid delays, departures, and costly planning errors.